State v. Varney

Memorandum Opinion

Defendant was charged with the offense of driving while under the influence of intoxicating liquor in violation of ESA 262-A.-62 (Supp. 1975). Defendant moved to suppress the results of a blood test sample of 0.17 percent alcohol by weight because of a twelve-day delay from the date the sample was taken to the date the sample was analyzed by the state police laboratory. This delay is asserted to violate RSA 262-A: 69-i (Supp. 1975).

The chemist who performed the analysis of the sample testified that any deterioration would have worked to the defendant’s favor, not the…