New Hampshire DWI laws. New Hampshire administrative rules regarding “alcohol and controlled drugs”. These rules govern blood testing in New Hampshire DWI cases. They apply to both trials and administrative license suspension hearings. These are the definitions for this administrative rule.
CHAPTER Saf-C 6400 ALCOHOL AND CONTROLLED DRUGS
Statutory Authority: RSA 265:85, V
REVISION NOTE:
Pursuant to 2003, 319:80, II, effective 1-1-04, rules He-P 2202 entitled “Alcohol and Controlled Drugs”, last filed by the Department of Health and Human Services under Document #6612, effective 11-1-97, were transferred to the Department of Safety. The Department of Safety subsequently filed Document #8454, effective 11-1-05, which readopted and renumbered as interim rules in Saf-C 6400 most of the rules in the former He-P 2202.
PART Saf-C 6401 DEFINITIONS
Saf-C 6401.01 "Accuracy" means the closeness of the test result to the true or expected result.
Saf-C 6401.02 "Alcohol" means "intoxicating liquors" as defined in RSA 21:33.
Saf-C 6401.03 "Alcohol concentration tests" means the testing of blood or urine to determine the level of alcohol or controlled drug as defined in Saf-C 6401.02 or Saf-C 6401.13.
Saf-C 6401.04 "Analyte" means a compound for which a test is conducted.
Saf-C 6401.05 "Approval" means a statement of authorization signed by the director, division of state police.
Saf-C 6401.06 “Average” means testing a number of samples at the same level, the results of which are added together and divided by the total number of samples.
Saf-C 6401.07 "Blank standard" means a solution containing an internal standard and zero concentration of analyte.
Saf-C 6401.08 “Calibrator” means a solution of predetermined concentration used in establishing a range of accuracy of a test.
Saf-C 6401.09 "Certification of independent laboratory" means an interval, not to exceed one year, in which an independent laboratory meets the requirements of Saf-C 6403.01.
Saf-C 6401.10 “Commissioner” means the commissioner of the department of safety.
Saf-C 6401.11 "Confirmatory drug test" means a separate test of a sample based upon a different scientific principle than that used in the screening test.
Saf-C 6401.12 "Control" means a sample or solution of a predetermined concentration, similar to the sample, which is tested for quality control purposes and not used in the calibration of a method.
Saf-C 6401.13 "Controlled drug" means “controlled drug” as defined in RSA 318-B:1, VI.
Saf-C 6401.14 “Director” means the director, division of state police, department of safety.
Saf-C 6401.15 “Forensic laboratory” means the state police forensic laboratory as described in RSA 106-B:2-a.
Saf-C 6401.16 "Internal standard" means a substance of known concentration which is chemically similar and distinctly identifiable from the analyte.
Saf-C 6401.17 “Independent laboratory” means a laboratory certified in accordance with Saf-C 6403.01.
Saf-C 6401.18 “Limit of quantitation” means the lowest concentration at which an analyte can be determined with accuracy and precision.
Saf-C 6401.19 “Metabolite” means a biological by-product of a parent drug.
Saf-C 6401.20 "Minimum limit of detection" means the lowest level at which an analyte can be accurately identified.
Saf-C 6401.21 "Negative" means a test result for an analyte which is not found or falls below the minimum limit of detection for the method employed.
Saf-C 6401.22 "Positive" means a test result which identifies the analyte at or above the minimum limit of detection for the method employed.
Saf-C 6401.23 "Precision" means a measure of the agreement between replicate tests.
Saf-C 6401.24 "Range" means the upper and lower limits of acceptability for a test.
Saf-C 6401.25 “Sample” means a blood or urine specimen collected for testing.
Saf-C 6401.26 "Screening test" means a qualitative or semi-quantitative test of a sample for the identification of a drug or drug group or their metabolites.
Saf-C 6401.27 "Secure refrigerator" means a refrigerator used to store samples which is not accessible to the general public.
Saf-C 6401.28 "Sequence" means the number of like tests which are performed one after the other.
Saf-C 6401.29 "Solvent blank" means a liquid similar to that used in the sample test which does not contain the analyte or internal standard.
Saf-C 6401.30 "Standard" means a solution of predetermined concentration of analyte used to calibrate or verify a method.
Saf-C 6401.31 “Submitting agency” means a law enforcement agency within the state of New Hampshire.