RSA 214:20-d · Implied Consent to Submit to Test to Determine Alcohol Concentration

214:20-d Implied Consent to Submit to Test to Determine Alcohol Concentration. –

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I.

Any person who target practices, takes, or attempts to take wildlife in this state by use of a firearm, bow and arrow, crossbow and bolt, or any other weapon, shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether that person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug, and to chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or any combination of the following: blood, urine, or breath, for the purposes of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was target practicing, hunting, taking, or attempting to take wildlife, while under the influence of intoxicating liquor or controlled drugs or any combination of alcohol or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the age of 21, 0.02 or more. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been hunting, taking, or attempting to take wildlife while under the influence of intoxicating liquor or any controlled drug, or any combination of intoxicating liquor and controlled drug.

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II.

A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of report by certified mail directed to the address shown on such person's hunting license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by a certified breath-testing operator conducting the test.

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III.

When the incident involves a hunting or target practice shooting, resulting in death or serious bodily injury to any person as provided in RSA 214:20-l, the prerequisites of RSA 214:20-m shall not apply. Source. 1996, 87:3, eff. Jan. 1, 1997. 2017, 78:1, eff. July 1, 2017.

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