Section Saf-C 2804.07 - Evidence Required for Alcohol Concentration Test(s)(a) If the presence of the person who conducted the alcohol concentration test(s) is waived, pursuant to Saf-C 2804.01(g), then the results of the test(s) issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence that the test(s) was accurate and properly administered.(b) If the presence of the person who conducted the test(s) is not waived, the following documents or testimony shall be admissible to show that the test(s) was accurate and properly administered: (1) If a breath test: a. Testimony from the law enforcement officer that he or she is certified to operate the breath test instrument, or a copy of his or her certification card;b. A copy of the preventive maintenance check form filled out by the forensic breath testing supervisor who performed the last preventive maintenance check on the breath test instrument in question prior to the time of the test at issue; andc. A copy of the breath test instrument printout which shows that the instrument operated properly and captured the required samples after the waiting period; and(2) If a blood test: a. A copy of the blood specimen collection form filled out and signed by the person who took the sample for the test in question, pursuant to Saf-C 6402.02; andb. A copy of the transmittal slip for the person's blood specimen; andc. A copy of the certifying scientist or criminalist's report of the test result. (c) If any of the documents or testimony set forth in (b) above are not produced at the hearing, then the suspension or revocation shall not be sustained.N.H. Admin. Code § Saf-C 2804.07
#5538, eff 1-1-93; amd by #5615, eff 4-20-93; amd by #5763, eff 12-23-93; ss by #6824, eff 7-28-98; ss by #8666, INTERIM, eff 7-16-06, EXPIRES: 1-12-07; ss by #8782-A, eff 1-1-07
Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10888, Effective 7/16/2015, Expires 7/16/2025.