New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 7100 - BREATH ALCOHOL PROCEDURE USING THE INTOXILYZER 5000 INSTRUMENT FOR BREATH TESTS CONDUCTED ON OR AFTER JANUARY 1, 2017
Part Saf-C 7105 - ADDITIONAL TEST
Section Saf-C 7105.01 - Additional Test
Current through Register No. 40, October 3, 2024
(a) At the same time as the person is requested to permit a breath test on an approved instrument to determine his or her alcohol concentration pursuant to RSA 265-A:4, he or she shall be informed by the law enforcement officer that he or she shall have the right, at his or her own expense, to have an additional test. The law enforcement officer shall provide contact information for individuals and the nearest facilities available to draw blood at that time.
(b) If an individual requests an additional test, the law enforcement officer shall provide the individual with form DSSP 428, "Request for Additional Test", effective January 1, 2017 and collection kit. The individual shall affix his or her signature and the date on DSSP 428 as evidence of his or her request and permission for a blood sample to be drawn. The law enforcement officer shall insure that the witness to the individual's request and permission for a blood sample to be drawn affixes his or her signature and the date and time next to the individual's signature on form DSSP 428.
(c) If an individual waives the right for an additional test pursuant to RSA 265-A:7, the individual shall affix his or her signature and date on DSSP 428, "Request for Additional Test", effective January 1, 2017, as evidence of his or her waiver of the additional test. If the individual waives the right for an additional test, the law enforcement officer shall insure that the witness to the individual's waiver of right for an additional test affixes his or her signature and the date and time next to that of the individual's signature on form DSSP 428.
(d) After an individual signs DSSP 428 evidencing permission pursuant to (b) above, or waiver pursuant to (c) above, the law enforcement officer shall retain the copy of DSSP 428 marked "Police".
(e) Pursuant to RSA 265-A:5, I, if an individual requests a test of his or her own blood for the purpose of a test required by RSA 265-A:4, a blood sample shall be collected in accordance with these rules.
(f) Upon the disbursement of the additional test collection kit by the law enforcement officer, he or she shall complete the pre-labeled, postage paid invoice postcard with the individual's name, address and telephone number and deposit it in the mail to the state police forensic laboratory.
