Drunk Driving Lawyer – Nashua, NH
The offense of Driving or Operating Under the Influence of Drugs or Alcohol, also referred to as DUI, OUI or DWI can be a technical field of law. The penalties for being convicted of Drunk Driving includes fines and a possible loss of your driver’s license. There are also enhanced penalties for Aggravated DWI or DWI second offense which includes a jail sentence. Also there is the Administrative License Loss, (ALS). The ALS is a separate license loss for refusing to take a breath, blood or urine test at the request of the officer or for being over the legal limit when taking a breathalyzer test.
Drunk Driving defense requires knowledge of New Hampshire State statutory laws, relevant cases, police procedures and methodology as well as the complex scientific and medical evidence that prosecutors will seek to use as evidence against you in court. If you retain an attorney who lacks training and knowledge of what to look for in these type of cases, potential defenses that may be available to you in your case will not be properly raised and asserted.
Some common drunk driving defenses involve the initial traffic stop, the voluntariness of the field sobriety tests, issues that surround the reliability of the sobriety tests and the interpretation of the observations of those tests by the police officer. Police officers must have a valid reason to pull someone over. Evidence that a crime occurred or was being committed must be proven by the State at court. If the police officer fails to gather sufficient proof of “impairment” by alcohol or by drugs to make the arrest, you can be found not guilty.
Breathalyzer equipment for DUI prosecutions and blood test laboratory DUI forensic evidence often are used as evidence by the prosecutor to prove that your blood alcohol content (BAC) was over the applicable legal limit. These cases are often called “per se” DUI cases; for all drivers age 21 and over who are not behind the wheel of a commercial vehicle, that level is 0.08 or higher.
However, a good criminal defense attorney in New Hampshire knows many ways to exclude the breath or blood test results. Many times, savvy defense attorneys know other critical factors or conditions that could result in the breath testing device rendering an inaccurate or unreliable reading. This may include failure to observe periodic maintenance requirements on the breath device, improper administration of the breath test, finding that the breath device has malfunctioned, or discovering that certain medical conditions of the person being tested caused an invalid test result on the breath machine. Attorney Goulden will determine if any administration, observation or reporting errors may have affected your breath test results and formulate the most effective strategy to defend against your pending drunk driving charges.
Attorney Timothy J. Goulden will assist you during your criminal case and this includes all aspects of criminal law defense representation from the investigation phase through sentencing.