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RSA 265-A:4 · Implied Consent of Driver or Operator to Submit to Testing to Determine Alcohol Concentration

Title
XXI: MOTOR VEHICLES
Chapter
265-A · ALCOHOL OR DRUG IMPAIRMENT
Status
current
Official source linked
Yes
Official source Copy section link

265-A:4 Implied Consent of Driver or Operator to Submit to Testing to Determine Alcohol Concentration. – Any person who drives, operates, or attempts to operate an OHRV, drives or attempts to drive a vehicle upon the ways of this state, or operates or attempts to operate a boat upon the public waters of the state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive and to a chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath, for the purpose of determining the controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive content of such person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate, or in actual physical control of an OHRV, driving, attempting to drive, or in actual physical control of a vehicle, or operating, attempting to operate, or in actual physical control of a boat while under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive or while having an alcohol concentration in excess of the statutory limits contained in RSA 265-A:2 or RSA 265-A:3. The test or tests shall be administered at the direction of a law enforcement officer, peace officer, or authorized agent having reasonable grounds to believe the person to have been driving, operating, attempting to operate, or in actual physical control of an OHRV, driving or in actual physical control of a vehicle, or operating or in actual physical control of a boat while under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive 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. 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 the report by the agency by certified mail directed to the address shown on such person's 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 the certified breath testing operator conducting the test. When the incident involves an accident resulting in death or serious bodily injury to any person as provided in RSA 265-A:16, the prerequisites of RSA 265-A:8 shall not apply. Properly trained personnel of the United States Coast Guard may arrest and conduct tests on persons who are believed to be under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive or a combination thereof, and who are in physical control of a boat operating upon the public coastal waters of this state. Source. 2006, 260:1. 2012, 267:4, eff. Jan. 1, 2013. 2017, 78:2, eff. July 1, 2017.

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Source note

Source. 2006, 260:1. 2012, 267:4, eff. Jan. 1, 2013. 2017, 78:2, eff. July 1, 2017.

Source history

  • 2006, 260:1
  • 2012, 267:4, eff. Jan. 1, 2013
  • 2017, 78:2, eff. July 1, 2017

Related materials

Bill relationships

  • 2026 HB1235 reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1235 amend

    ny premises or vehicle where he or she knows a controlled drug or its analog, other than marijuana, is illegally kept or deposited; 5 Motor Vehicles; Possession of Drugs. Amend RSA 265-A:43 to read as follows: 265-A:43 Possession of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in

  • 2026 HB1235-FN amend

    ny premises or vehicle where he or she knows a controlled drug or its analog, other than marijuana, is illegally kept or deposited; 5 Motor Vehicles; Possession of Drugs. Amend RSA 265-A:43 to read as follows: 265-A:43 Possession of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in

  • 2026 HB1235-FN reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1486 reference · effective 2027-01-01

    any insured solely because a spouse, household member, or relative by marriage has had their license suspended or revoked, or has been convicted of driving while intoxicated under RSA 265-A. II. No insurer shall require an insured to obtain a higher level of coverage, file proof of financial responsibility, or purchase any rider, endorsement, or policy solely because of the license status or driving rec

  • 2026 HB186 amend

    vailable to the public. A law enforcement agency may update the data annually and may make this data available on the agency's public Internet website. 13 Alcohol or Drug Impairment; Possession of Drugs. Amend RSA 265-A:43 to read as follows: 265-A:43 Possession of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug a

  • 2026 HB186 reference

    r does not have lawful grounds for arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II[,] or III[, or IV]. (d) Any person under 21 years of age

  • 2026 HB186-FN-A reference

    8-F:21 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 HB186-FN-A amend

    orcement agency may update the data annually and may make this data available on the agency's public Internet website. 13 Alcohol or Drug Impairment; Possession of Drugs. Amend RSA 265-A:43 to read as follows: 265-A:43 Possession of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog i

  • 2026 SB620 reference · effective 2027-01-01

    r peace officer to submit to physical tests or to a test of blood, urine, or breath designated by the law enforcement officer, authorized agent, or peace officer to as provided in RSA 265-A:4, none shall be given, but: (a) If this is the first refusal with no prior driving or operating while intoxicated or aggravated driving or operating while intoxicated convictions: (1) The director shall suspend his or

  • 2026 SB620-FN reference · effective 2027-01-01

    r peace officer to submit to physical tests or to a test of blood, urine, or breath designated by the law enforcement officer, authorized agent, or peace officer to as provided in RSA 265-A:4, none shall be given, but: (a) If this is the first refusal with no prior driving or operating while intoxicated or aggravated driving or operating while intoxicated convictions: (1) The director shall suspend his or

  • 2026 SB651 reference

    ge, if a nonresident, suspended for up to 60 days for a first offense and up to one year for a subsequent offense. IV. In this section, “way” shall have the same meaning as in RSA 265-A:44. V. A person may not be convicted of both a violation of this section and a violation of RSA 265-A:1 based on the same incident. 318-F:5 Odor and Personal Possession of Cannabis Not Grounds for a Search. I. Exc

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