Charged With Drunk Driving?
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 include 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. Our attorneys at Goulden Law Offices, PLLC, have the experience you need to develop an aggressive defense to a drunk driving charge.
Also, there is administrative license suspension (ALS) after a DUI charge. 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 Charges In New Hampshire
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 types of cases, potential defenses that may be available to you in your case will not be properly raised and asserted.
Defenses To Drunk Driving Charges
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.
Was It A Valid Traffic Stop?
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 in 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.
Excluding Breathalyzer Tests
Our attorneys know many ways to exclude the breath or blood test results. Critical factors or conditions that could result in the breath testing device rendering an inaccurate or unreliable reading can be used to have these
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.
We 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.
Our attorneys provide aggressive representation to all DUI or DWI charges as well as knowledgeable guidance during license suspension hearings. Call our Nashua office at 603-582-0197 or fill out our online contact form to contact our attorneys.