Upon arrest for DWI in the state of New Hampshire, the police will request the person to submit to chemical testing of his/her breath, blood, and/or urine for the purpose of detecting the presence of alcohol and/or drugs therein. If the person refuses, no test will be given; however the person's driver's license will be suspended in accordance with the penalties found in the New Hampshire Driving tab. Which chemical test or tests will be requested is in the discretion of the police.
Prior to administering a blood, urine, or breath test, the police must: (a) Inform the person of his/right to have a similar test or tests made by a person of his or her own choosing; (b) Afford the arrested person an opportunity to request such additional test; and (c) Inform the arrested person of the consequences of his or her refusal to submit to chemical testing administered by the police.

ADMISSIBILITY - Failure to comply with the above requirements will result in the exclusion of the test results from evidence in any proceeding before any administrative officer and court of this state. Blood, Urine, or Breath test results will not be considered as evidence in any proceeding before any administrative officer or court unless the test is performed in accordance with methods prescribed by the commissioner of the department of safety. No post-arrest physical test or examination will be admissible unless performed by a law enforcement officer who has been trained in the administration of such physical tests and examinations.

RIGHT TO ADDITIONAL TESTING - Any person arrested for DWI has a right to similar tests at his/her own expense made by a person of his/her own choosing who is competent to conduct the tests. The police must inform the person of this right at the same time the request to submit to police chemical testing is made. The failure or inability of an arrested person to obtain an additional test will not preclude the admission of any test taken at the direction of the police. If the test is a blood test, then enough blood must be drawn to allow 2 tests. The lab must hold the blood for 30 days and make it available to the person arrested or his/her attorney upon request.

PRELIMINARY BREATH TESTING (PBT) - A certified police officer with reasonable grounds to believe a person is DWI may request that the person submit to a PBT. A PBT is a handheld breath testing device that is used on scene prior to arrest. The results of the PBT may be introduced into evidence in a court for any relevant purpose. There is no violation for a person's failure to submit to a PBT. The fact that a person refused a PBT may not be admissible in court except for determining whether the officer had probable cause to arrest the person. The police must inform the person orally that failure to submit to a PBT or taking the PBT will not prevent or require a subsequent test. The results of the PBT must be given immediately to the person tested (and in writing), if requested.

BLOOD TESTING - Only a duly licensed physician, registered nurse, certified physician's assistant, or qualified medical technician or medical technologist acting at the request of a law enforcement officer may withdraw blood for DWI chemical testing purposes. Blood tests must be conducted in an approved forensic science laboratory. In cases involving an accident that results in serious bodily injury to any person, all drivers (alive or deceased) will be tested for evidence of alcohol or controlled drugs. If the driver is living, the police must have reasonable cause to believe the driver caused the accident.

URINE TESTING - Urine tests must be conducted in the forensic science laboratory of the department of safety (or if used to detect for the presence of controlled drugs, in any other licensed laboratory capable of conducting such tests).

PRESUMPTIONS - Chemical test results of 0.03 or less is prima facia (it speaks for itself) evidence that the defendant was not under the influence of intoxicating liquor. Test results over 0.03 and less than 0.08 will be relevant evidence, but will not to be given prima facia effect in indicating whether or not the defendant was under the influence of intoxicating liquor. The fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. BAC results of .08 or higher will be prima facia evidence that the person was under the influence of intoxicating liquor.