Police Investigation Following Your New Hampshire Arrest

Be aware that after you have been arrested, and while you are detained, the police may continue their investigation into the facts of the case.

 

Authorized procedures: The police may take advantage of the fact that you are in custody to further their investigation.  They may:

  • Place you in a police line-up.
  • Take handwriting and voice samples, and fingerprints.
  • Ask for consent to search your property.
  • Interrogate you.

 

If the police obtain a court order or warrant, they may also collect hair, saliva, or blood for DNA analysis. If you were arrested for a drunk driving offense, the police have the authority to request that you take a breathalyzer and blood drawing for blood-alcohol testing.

 

Except for interrogation or searches, you do not have a right to refuse any authorized post-arrest investigation. If you refuse to give a blood sample or stand in a line-up, the police will usually not try to extract it by force or wrestle you into the line-up; in fact in many jurisdictions they are prohibited from doing so. However, your refusal may be used as evidence of consciousness of guilt.

 

If you receive a court order for such testing and disobey or refuse, you will face contempt and incarceration. If you are arrested for a drunk-driving offense and refuse to be tested, your license may be revoked and it may enhance your criminal sentence if convicted.

 

A New Hampshire criminal attorney can help you understand what rights you have following your arrest and how to exercise them during this critical first stage. Call the Wiberg Law Office, PLLC at (603) 686-5454 or (877) 222-4850 for a free evaluation of your case.

 

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