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[deleted] t1_j6fjifb wrote

Reply to comment by carpdog112 in NH DUI Lawyer Recommendations? by Individual_Moose602

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carpdog112 t1_j6fleqd wrote

Implied consent and refusal are both covered under RSA 265-A4 and RSA 265-A14. Given that RSA 265-A15 says:

"Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265-A:4. The police officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265-A:4."

Unless something to the contrary explicitly indicates that refusal of the preliminary breather causes a license suspension I would have to believe that RSA 265-A15 protects against administrative punishments for refusal of the PBT.

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[deleted] t1_j6foyfg wrote

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carpdog112 t1_j6fplgp wrote

By all means, if you can find something specific that states refusal of the PBT can result in a suspension of your license - as opposed to refusal of the desktop breathalyzer, urine, or blood let me know. But as it stands, the RSA makes a clear distinction between the PBT and the physical tests prescribed under implied consent.

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