Driver stopped for speeding violation driving home with his brother from night out. Officer notes odor of alcohol, and glassy eyes. Following arrest Officer allows driver to seek legal counsel over phone before making decision to take breath test. Given early morning hours driver cannot find lawyer to answer call, but he does not refuse test, only asks for more time to seek counsel. Driver not entitled to legal counsel during implied consent process in NH, but the Officer deemed driver a refusal after a short period of time without allowing adequate time for decision to be made. Driver never stated he was refusing breath tes. NH ALS Suspension vacated following DMV Hearing.