NH Law of the Day: Administration of Alcohol Concentration Tests
May 26, 2011 Leave a comment
265-A:5 Administration of Alcohol Concentration Tests.
I. 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, authorized agent, or peace officer may withdraw blood for the purpose of a test required by RSA 265-A:4. Such licensed physician, registered nurse, physician’s assistant, or qualified medical technician or medical technologist shall not be liable for damages or otherwise to the person from whom blood is withdrawn for any act performed in connection with such withdrawal provided the physician, registered nurse, physician’s assistant, or qualified medical technician or medical technologist acts with ordinary care.
II. All such blood and urine tests made under the direction of a law enforcement officer, authorized agent, or peace officer shall be conducted in the forensic science laboratory of the department of safety established in RSA 106-B:2-a or, in the case of blood and urine samples to be tested for the presence of controlled drugs, in any other laboratory capable of conducting such tests which is licensed under the laws of this or any other state and which has also been licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988, as amended.
III. The successful completion of the external standard reference check shall be admissible evidence that the instrument was properly calibrated at the time of the test. The external standard reference check shall be performed according to the schedule required in rules adopted by the commissioner of the department of safety pursuant to RSA 541-A.
IV. No tests of blood, urine, or breath authorized by RSA 265-A:4 shall be considered as evidence in any proceeding before any administrative officer or court unless such test is performed in accordance with methods prescribed by the commissioner of the department of safety.
V. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A relative to:
(a) Methods and procedures for the testing of blood, urine, and breath to determine alcohol concentration and controlled drug content of a person’s blood;
(b) Techniques or methods for ascertaining the qualifications and competence of individuals to conduct such tests;
(c) Methods and procedures for the delivery and processing of samples of such tests;
(d) Forms relative to taking samples for alcohol concentration tests for admission as evidence pursuant to RSA 265-A:12, IV;
(e) A requirement that any laboratory that conducts tests pursuant to RSA 265-A:7 be accredited by any nationally recognized accrediting body; and
(f) Such other matters as are required to carry out the provisions of this chapter relative to alcohol concentration tests.
New Hampshire DWI Laws by New Hampshire Attorney Mark Stevens.
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