Driver arrested by police for failure to yield making turn. Once stopped driver exits to speak with the officer but he is ordered to return to his car. Field sobriety tests are continuously interrupted by dialogue between driver and officer. Driver arrested for DWI and brought to station for booking. Again, ongoing dialogue between driver and officer interrupts the normal administration of the Implied Consent Form, or NH ALS form. Driver asks multiple questions, which the officer refuses to answer. Despite multiple requests to decide, driver will not commit to take test, nor does he refuse. Officer loses patience and deems driver a refusal. Administrative Hearings Officer agrees with respondent’s counsel that there is a lack of evidence that driver affirmatively refused the requested breath test, in fact he never stated he refused requested testing. Two (2) year Administrative License Suspension vacated.