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What is Implied Consent

NH RSA 265-A:4 provides that “any person operating a vehicle or an OHRV on a way, or a boat on public waters, is deemed to have given consent to a blood alcohol test or physical tests if that person has been arrested for an offense that arises out of acts the State alleges were committed while the person was operating under the influence of intoxicating liquor and/or drugs.”

If the arrest is for a violation or a misdemeanor, the driver has the right to refuse a request for a blood alcohol test, but at the potential cost of having his or her driver’s license or operating privileges suspended. That suspension is for six months for the first refusal with no prior DWI convictions. The suspension is for two (2) years for a second refusal or if there is a prior DWI conviction. The same suspension is imposed if the driver agrees to a test the results of which are an .08 or higher if the driver is twenty-one (21) or older, .02 if not.

If the driver refuses a blood alcohol test, any suspension will run consecutively to any other suspension, in other words either before or after any suspension imposed by the court. If the driver takes a test with a result above the legal limit, the suspension may run concurrently, at the same time as any other suspension.

The Implied Consent suspension is completely separate from the DWI charge at court. The driver is required to request to hearing to avoid any possible suspension at DMV. Such a request must be made within thirty (30) days of the day the person is provided notice of the refusal or the blood alcohol results. DMV will suspend the driver’s license, or operating privileges for an out of state operator, if the driver does not request a hearing.

If you are arrested for DWI, you need to request a hearing at DMV within the thirty (30) day time frame, either on your own or with the help of an attorney. Failure to do so will result in DMV suspending your license for a significant period of time.