Section 214:20-c Evidence.
Upon complaint, information, indictment or trial of any person charged with a violation of RSA 214:20 or 214:20-a, the court may admit evidence of the defendant's alcohol concentration, as defined in RSA 259:3-b, as shown by a chemical analysis of his breath, urine, or blood. Evidence that there was, at the time alleged, an alcohol concentration of 0.03 or less in prima facie evidence that the defendant was not under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of greater than 0.03 but less than 0.08 is relevant evidence but is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. In the case of a person under the age of 21 an alcohol concentration of 0.02 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor.
Source. 1996, 87:3, eff. Jan. 1, 1997.