What are the penalties if I take a post-arrest breath test which reveals an alcohol concentration of 0.08 or greater?
If the police officer followed the proper procedure, you will be subject to an ALS that will be concurrent (e.g., simultaneous) with any period of revocation imposed by the court. The length of the ALS will be six (6) months if you have no prior DWI’s or test refusals. It will be two (2) years if you have either a prior DWI or a prior post-arrest test refusal. The ALS will be vacated (if you request a hearing) if the police officer failed to follow the procedure described in response to Question 4, above. Additionally, the ALS should be vacated if: -The intoxilyzer was not certified; -There were maintenance or reliability problems with the intoxilyzer; -The intoxilyzer operator was not certified; or -The test result was 0.08 (because a result of less than 0.08 would be within the machine’s margin of error). For more information about ALS, please see Question 4, above. Additionally, New Hampshire law allows the prosecutor to charge a driver with “per se DWI” for driving with an alcohol
