Although the Hooksett Police Commission voted to terminate the employment of former Hooksett police officer Benjamin Beauchemin in January, that decision could change.

Beauchemin and his attorney have appealed a decision by the Police Commission to terminate his employment with the department and the facts of the case are being reviewed by an outside arbitrator.

Hooksett Police Chief Stephen Agrafiotis said the arbitrator should render an opinion within one month on whether the termination was justified.

Beauchemin was placed on administrative leave without pay last May after he rolled his SUV off Cedar Crest Lane in Auburn. He was issued a ticket for driving while intoxicated at the scene of the accident but was found not guilty of the charge in Candia District Court in September.

Judge David LeFrancois said that although Beauchemin’s conduct was not appropriate for an off-duty police officer, he said state prosecutors had not definitely proven beyond reasonable doubt that he had been drinking in excess before operating the vehicle.

Beauchemin admitted to leaving the scene of the car accident and walking to his girlfriend’s house to wait while police arrived. Later, he said he drank four beers during that time period to calm his nerves. He refused to submit to a field sobriety test.

His license was confiscated but he was given a temporary permit to allow time for an administrative appeal, an option given any driver under New Hampshire law. When the investigating officer failed to testify at state hearing for the appeal, Beauchemin’s full driving privileges were reinstated, approximately one month after the date of the original accident. The state police officer said he had a conflicting court appearance in Portsmouth on the same day.

After the September court ruling, the Hooksett Police Department conducted its own investigation into Beauchemin’s actions the night of the accident and reviewed evidence not admitted into court, including a recording of a 911 call made by eyewitnesses.

A decision to permanently terminate his employment with the department was approved unanimously by the police commission on Jan. 23.

If Beauchemin and his unionappointed legal counsel are not satisfied with the decision of the arbitrator or if the police commission chooses not to change its original decision to terminate employment, Beauchemin has a further option of appealing the termination the Merrimack County Superior Court.