2006 New Hampshire Statutes - Section 265:93 Blood Testing of Certain Motor Vehicle Fatalities.

    When a collision results in death or serious bodily injury to any person, all drivers involved, whether living or deceased, and all deceased vehicle occupants and pedestrians involved shall be tested for evidence of alcohol or controlled drugs. A law enforcement officer shall request a licensed physician, registered nurse, certified physician's assistant, or qualified medical technician or medical technologist to withdraw blood from each driver involved if living and from the body of each deceased driver, deceased occupant or deceased pedestrian, in accordance with RSA 611:6, II, for the purpose of testing for evidence of alcohol content or controlled drugs; provided that in the case of a living driver the officer has probable cause to believe that the driver caused the collision. All tests made under this section shall be conducted by the forensic science laboratory established in RSA 106-B:2-a or in any other laboratory capable of conducting such tests which is licensed under the laws of this or any other state and which has also been licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988, as amended. A copy of the report of any such test shall be kept on file by the medical examiner. The filed report is not a public record under RSA 91-A. However, the report shall be made available to the following:
    I. Any highway safety agency for use in compiling statistics to evaluate the effectiveness of its program; and
    II. Any person, including his legal representative, who is or may be involved in a civil, criminal, or administrative action or proceeding arising out of an accident in connection with which the test was performed.

Source. RSA 262-A:69-l. 1973, 388:1. 1981, 146:1. 1983, 431:19. 1985, 123:2. 1990, 243:1. 1993, 342:2. 1995, 310:181. 1996, 267:1. 1997, 158:7. 2003, 319:93, eff. Jan. 1, 2004.