It is possible to fight a DUI charge in New Hampshire, but doing so requires a thorough understanding of DUI laws as well as a strategic defense. Ultimately, the outcome of your charges will depend greatly on the unique circumstances of the case, as well as the expertise of your New Hampshire DUI attorney. To fight DUI charges in NH, the right attorney will assess every detail of the case to identify procedural missteps or weak evidence and establish the strongest defense possible.
At Friedman & Bresaw, PLLC, we leverage our 60+ years of combined experience to provide the highest quality legal representation for our clients. We take a results-driven and client-focused approach, meaning we take the time to understand what makes your case unique and build a DUI defense strategy from the ground up. To learn more, consider scheduling your free initial consultation with our knowledgeable team at (603) 707-4800 today.
What Are the Most Common Strategies for Defending Against a New Hampshire DUI Charge?
There are several defenses available to fight DUI charges in New Hampshire. Oftentimes, this involves challenging the procedures and/or evidence used by law enforcement. A seasoned attorney will perform a thorough investigation into the circumstances of your arrest, organize and analyze evidence, and weigh all possible defense strategies to find the right approach for your case.
Challenging the Legality of the Traffic Stop
It is crucial to recognize that police officers must adhere to specific procedures during a DUI investigation. If the officer did not follow the appropriate protocol during the stop or arrest, this could serve as a defense against the DUI charge. Failure to inform the driver of their rights, or mishandling evidence, could significantly undermine the prosecution’s case.
Questioning the legality of a traffic stop can serve as a strategic defense against a DUI charge in New Hampshire. In order for a traffic stop to be lawful, police must possess “reasonable suspicion.” This means that in order to pull a person over due to suspected DUI, a police officer must have a valid reason to believe a driver is drunk.
For example, if a driver exhibits erratic behavior, such as swerving across lanes or operating a vehicle without headlights during nighttime, the officer would have a legitimate basis to suspect intoxication. Should the officer stop a driver without any observable indicators of impaired driving, or if the stop lacks any other legitimate basis, the case could potentially be dismissed.
Questioning the Accuracy of the Breathalyzer Test
The breathalyzer serves as a vital piece of evidence in most DUI cases, providing an objective assessment of a driver’s blood alcohol concentration (BAC). According to New Hampshire law, these devices must undergo regular inspections to maintain their accuracy, and any lapses in maintenance could compromise their reliability. Ultimately, breathalyzer tests are not infallible and their results can be contested. At Friedman & Bresaw, PLLC, we comprehensively analyze each step of the arrest to pinpoint breath testing issues that may provide a defense to the evidence presented in a DUI case.
Invalidating Field Sobriety Testing Results
Police frequently use field sobriety tests to determine if a driver might be under the influence. These assessments may involve tasks such as walking in a straight line, balancing on one leg, or tracking an object with the eyes. Nevertheless, field sobriety tests can also produce unreliable results, as various external factors may influence performance.
For example, individuals with certain physical conditions may struggle with balance or coordination, regardless of their alcohol consumption. Moreover, studies have found that field sobriety tests are only 65% to 77% accurate, which is why we often employ this defense for cases that rely heavily on field sobriety test scores.
Identifying Inaccuracies or Procedural Errors in Blood Testing
Blood tests, much like breath tests, are subject to established regulations that must be strictly followed to ensure the accuracy of results. Failure to comply with these standards may result in the exclusion of the results or raise questions about their reliability in a legal context. While law enforcement may regard blood tests as inherently accurate, it falls to the defense to highlight any potential inaccuracies or procedural irregularities that may arise.
Chain of Custody Issues
When it comes to identifying inaccuracies or procedural errors in blood testing, the maintenance of a strict chain of custody is crucial. This well-documented process ensures that evidence is tracked meticulously from the moment of collection to its eventual disposal. Any lapses or mishandling within this chain may raise significant concerns regarding the reliability of the evidence.
Analyzing Blood Samples
Another effective strategy in DUI cases is the reanalysis of blood samples. Defendants are entitled to request an independent reexamination of the blood samples collected in relation to their case as part of their legal defense strategy. Any inconsistencies discovered between the independent analysis and the original blood test can serve as a compelling argument to contest the DUI evidence presented by the prosecution.
Proving a Miranda Rights Violation
If you were not provided with a Miranda Warning prior to your custodial interrogation, our team of DUI defense attorneys may file a motion to suppress any statements made after your rights were violated. While a violation of Miranda rights alone will not result in the dismissal of your case, any incriminating statements or admissions of guilt could potentially be excluded from consideration if your rights were not communicated to you. Should the prosecution rely significantly on your statements, there is a possibility that the charges may be dismissed due to insufficient evidence.
Asserting That Prescription Medication Affected Driving and/or BAC
A prevalent strategy in defending DWI cases involves presenting an alternative explanation for why an individual may appear to be intoxicated. Certain medical conditions can lead to symptoms that mimic intoxication, even when an individual is sober. Furthermore, if a breath test was administered, its accuracy may be called into question if the individual was on specific medications or had an underlying health condition that could affect the results.
Violating Your Right to Independent Testing
In New Hampshire, a DUI suspect has the right to obtain their own independent testing. Collecting and processing these samples must be handled according to strict rules and regulations (NH Administrative Code § Saf-C 9003.02), highlighting the importance of seeking an attorney’s guidance before conducting an independent test. Ultimately, the result of this test may prove helpful to a person’s defense, especially if it indicates a lower BAC than law enforcement’s test.
Important Considerations When Fighting a DUI Charge in New Hampshire
At Friedman & Bresaw, PLLC, we consider every possible angle when fighting a DUI charge in New Hampshire. In addition to defending your case, we also employ a range of strategies to protect your rights during every step of the process.
Negotiation and Plea Bargaining
Negotiation and plea bargaining can play a major role in a DUI case. With strategic and careful negotiation, it may be possible for a defense attorney to approach the prosecution and make a deal in your favor. One approach may involve the defendant pleading guilty to a lesser offense instead of the original charge. Alternatively, a plea bargain might entail the dismissal of a specific charge in return for a guilty plea to another offense. In other instances, the agreement includes a stipulated sentence, provided it does not result in a suspended license or substantial fines.
Driver’s License Retention Strategies
Losing your driver’s license can have devastating personal, professional, and financial implications. A DUI suspect in New Hampshire that lost their license as a result of an Administrative License Suspension may contest that license suspension by requesting an administrative hearing or review. According to NH Revised Statutes 265-A:30, administration license suspension can happen in two ways, which includes:
- The individual refuses a chemical test or field sobriety test.
- They submit to a sobriety test and has a blood alcohol concentration of 0.08 or more if they are over 21 or 0.02 more if they are under 21.
Based on this law, a written request for an administrative hearing or review must provide a justification for the individual’s belief that their license shouldn’t be suspended or revoked, as required by New Hampshire law RSA 265-A:30. In this context, only a few arguments are acceptable. It is also important to note that DUI suspects only have 30 days from the time of the arrest to make such a request.
Preparing for Trial: Building a Strong Defense
Developing a solid defense is part of getting ready for trial. This may entail gathering all relevant records, such as witness accounts, police reports, and medical records. In order to provide a strong defense, defendants must also actively collaborate with their lawyers by providing all incident information. Thus, being aware of the significance of each of these processes might aid in trial preparation.
Contact a Knowledgeable New Hampshire DUI Attorney at Friedman & Bresaw Today
If you have been arrested for a DUI in NH, it is critical to have a seasoned New Hampshire DUI attorney by your side who can protect your rights and guide you through the complexities of the legal process. A defense built by the attorneys Friedman & Bresaw prioritizes your voice, making sure you feel heard while we employ a strategic defense that mitigates your responsibility for criminal allegations. To schedule a free initial consultation to discuss your next steps, consider contacting us at (603) 707-4800 today.
