Blood DWI Tests in Nashua, NH
Compared to other tests and devices, blood alcohol testing in Nashua is the most accurate procedure in measuring the amount of alcohol in a person’s body. Ordinarily, the blood alcohol level (BAC) reaches its peak approximately an hour after consumption, but the test could still yield accurate results up to 70 minutes after an individual stopped drinking.
Under New Hampshire DWI laws, a law enforcement officer can request that an individual submit to a Nashua DWI blood test if symptoms indicate intoxication while operating a vehicle. Standards specified in NH DWI laws need to be met when conducting such a test.
First, NH drunk-driving rules require tests to be administered either by a licensed physician or certified medical staff. The blood samples will then be analyzed in a state-approved forensic science laboratory or any facility licensed by the U.S. Department of Health and Human Services.
Blood test for DWI’s results may be considered by the court as admissible evidence provided the test was conducted in the manner prescribed by the applicable New Hampshire DWI regulations.
DWI Defense Related To Blood Alcohol Testing in Nashua, NH
The blood-testing procedure in Nashua, called gas chromatography, yields the most accurate among all types of Nashua DWI blood tests. However, in spite of its reliability, drawing blood from an individual is still considered an invasive and very costly procedure. For this reason, New Hampshire still allows the measurement of alcohol through a breathalyzer, which is definitely cheaper than conducting a blood test.
Even if a blood test is considered to be more accurate than a breath test, it still has flaws that could affect the outcome of a DWI court procedure. If there is enough evidence to prove an error on the side of the state, it could cast a doubt on the results which will help the defendant in the court proceedings.
First, there were NH drunk driving cases where law enforcement officers have used an expired kit. There were also cases where the person administering the test (phlebotomist) failed to use an anticoagulant, a chemical used to prevent fermentation of the DWI blood test sample, which could lead to a higher BAC level reading. Storing the blood sample at an inappropriate temperature could also lead to fermentation.
New Hampshire Drunk Driving Law Standards for Testing
In New Hampshire, there are several standards that law enforcement officers must follow when requiring blood alcohol content testing. They must also follow protocols in tests they administer on the road. If these standards are not followed, there is a significant risk of violating driver’s rights. There may also be an impact on your court proceedings.
What Tests Can Police Officers Administer?
Police officers can conduct three sobriety tests, all following an outlined system. Depending on behavior and other evaluated factors, the following tests can be administered by law enforcement officers when potentially charging a DWI:
- Horizontal Gaze Nystagmus (HGN)
- Walk-And-Turn (WAT)
- One-Leg Stand (OLS)
Police can also make the call to request the submission of a Nashua, NH DWI blood test when they notice symptoms indicating intoxication while driving. Standards for testing should be followed before this request is made and during the submission process. New Hampshire law requires a licensed physician or another certified medical staff member to administer these tests.
What Does Blood Testing Look Like?
The appropriate medical personnel must collect blood samples for DWI testing, which are then analyzed by state-approved science or forensic laboratories. Other facilities licensed by the U.S. Department of Health and Human Services may also conduct this analysis.
Depending on your age, the legal limit for BAC tests will vary. For those 21 or older, there is a legal limit of .08%. Anyone under 21 must fall under a legal limit of .02%. Depending on the other circumstances of your case, including if you take a breath test at or below the legal limit when speaking with police, you may be able to avoid certain negative consequences.
Given that all protocols are followed, the court system can use these blood tests as admissible evidence. Other tests may also be permissible, including breath or urine tests used to measure alcohol content. More than one sample may also be requested, according to New Hampshire regulations.
Charged With a DWI? Get Valuable Help From Hayes Law, PLLC
If you receive charges for a DWI, we strongly encourage you to work with a DWI lawyer for assistance. You don’t need to manage overwhelming and stressful legal matters alone, as an DWI defense attorney from Hayes Law, PLLC can defend you during your DWI case. We have a track record of bringing success to our clients, including reduced consequences.
For help with your case and to retain our support and services, we invite you to connect with us. When you speak with us, we can schedule a consultation with our DWI defense attorney, answer your questions, and more. Reach out to us by calling (978) 314-4950 or completing the contact form on our website at your earliest convenience.
