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Court Ruling Protects Access to Breath Samples

The New Hampshire State Supreme Court recently ruled in a 3-2 opinion that suspected drunk drivers who take a breath test will continue to receive two test-tube samples of their breath, despite attempts by lawmakers to do away with this practice. New Hampshire remains the only state to provide breath samples to drivers charged with DWI.

The Intoxilyzer 5000 is the only breath-test machine that allows for breath capture, but the device has recently come under significant scrutiny, based on a Union-Leader article. According to a qualified New Hampshire chemist who regularly tests breath samples, the Intoxilyzer breath-test machine used in NH has several significant problems. It cannot distinguish ethanol from rubbing alcohol, wood alcohol, certain types of paints, furniture strippers and methanol rubs. In addition, there are concerns about the machine’s voltage fluctuation and calibration.

Law enforcement officials have argued that the second breath sample requirement has prevented the state of New Hampshire from keeping up with more reliable technology. The two dissenting justices sided with law enforcement officials on this issue. However, the three justice majority was primarily concerned with preserving the due process rights of the accused.

If you have been charged with a DWI in the state of New Hampshire, it is vitally important that you contact an experienced New Hampshire DWI defense lawyer. The lawyers at Tenn And Tenn, P.A. will stand up for your rights and ensure that your case is handled fairly. If law enforcement officials rely on evidence that was illegally obtained, or is otherwise unreliable, our drunk driving attorneys in New Hampshire will mount a vigorous challenge to the charges being held against you. Call 1-888-511-1010 to discuss your case in a free consultation with an attorney at Tenn And Tenn, P.A.