When you are stopped and not yet under arrest you do not have to submit to the field sobriety tests. However,after the stop, if the officer believes you are drunk he may arrest you. You still have the right to refuse and will have your license will automatically be suspended by the Department of Safety for a minimum of six months. You refusal to take the test can be used against you at trial. There are many credible reasons for refusing to take the intoxilizer.
Many people believe that the test in inherently unreliable and the machines are often defective.
Many attorneys advise people to refuse the tests and field sobriety testing. A vigorous defense can be mounted challenging the opinion of the police officer and the validity of the tests. Habitual Offender Status New Hampshire has an habitual offender law under which persons certified as a habitual offender are denied operating privileges because of repeated motor vehicle violations. A person can be deemed an habitual offender frequency and types of motor vehicle convictions on their driving record within a five-year period based on the date of the violation. If the above formula is met a person will be served with a certified copy of thier driving record, along with an order to appear for a haering.