Charged With Drunk Driving In New Hampshire?
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.
Frequently Asked Questions About DUI/DWI In New Hampshire
Many individuals charged with DUI/DWI feel as though they have no option but to plead guilty to the charge and to endure the punishment levied by a court of law. We have answered some of the most common questions we hear from those in similar situations.
What is an administrative license suspension after a New Hampshire DUI?
An administrative license suspension (ALS) is an immediate suspension of your driving privileges that occurs separate from any criminal court proceedings. Under New Hampshire law, your license can be suspended for 90 days if you refuse a breath test or fail a breath test with a blood alcohol content of .08% or higher. This suspension happens automatically through the Department of Motor Vehicles, not through the criminal courts. You have the right to request a hearing within 30 days to challenge this suspension, but the deadline is strict and cannot be extended.
What are the penalties for a first-time DUI?
For a first-time offense, you face a fine ranging from $500 to $1,200, plus penalty assessments that can double the total amount. Your license will be suspended for nine to 24 months, though you may be eligible for a restricted license after completing certain requirements. The court may also order an alcohol screening and treatment program. Additionally, you will need to complete a Multiple DWI Offender Intervention Deterrent (MDID) program and install an ignition interlock device on your vehicle.
What is a breathalyzer test?
A breathalyzer is a device law enforcement uses to measure your blood alcohol content (BAC) from a breath sample. These tests are used during DUI investigations and can be requested at the scene or later at the police station.
What happens if I refuse a breathalyzer?
Refusing to take a breathalyzer in New Hampshire results in an automatic administrative license suspension, even if you are not ultimately convicted of DUI. Evidence of your refusal could be utilized in court. Refusal penalties are often more severe than those for failing the test.
Contact Us
Our attorneys provide aggressive representation to all DUI or DWI charges as well as knowledgeable guidance during license suspension hearings. Call our Nashua and Laconia offices at 603-237-1105 or fill out our online contact form to contact our attorneys.