This, along with other facts, will be presented to the court, likely in a pretrial motion, in order to determine whether the trier of fact (judge if by bench or jury) will hear evidence of the medical condition at trial. Generally, if the fact is relevant and more probative than prejudicial, the court should be inclined to admit the evidence absent a statutory provision preventing the admission of such evidence. But beware: evidence of inability to blow into the machine to determine one's blood alcohol content is not the only dispositive evidence of intoxication in most states. Other factors such as the state of one's eyes, slurred speech and other factors can, taken in their totality, prove intoxication circumstantially. Have your husband seek local NH counsel to review the facts and to discuss representation.
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