If you find yourself facing a DUI charge in the state of New Hampshire, it is critical to understand the legal process and the requirements involved. Navigating the DUI process in NH can be complex and intimidating, but with the right guidance on your side, you can make informed decisions to safeguard your rights. In this DUI court process guide, we will walk you through the key issues that may arise and how to properly respond to matters such as the NH DMV hearing and the DUI arrest process.
Facing a DUI charge in New Hampshire can be an intimidating experience, but you do not have to go through it alone. At Friedman & Bresaw, PLLC, we are a results-driven and client-focused law firm that takes the time to understand your unique circumstances and provide you with tailored defense strategies that work. To schedule your free initial consultation to discuss the next steps to favorably mitigate your responsibility for criminal allegations, call (603) 707-4800 today.
Getting Pulled Over for Suspected Driving Under the Influence
Under NH Revised Statutes § 265-A:2, it is illegal for a person to operate a motor vehicle while under the influence of drugs or alcohol. A driver is considered impaired if they have a blood alcohol concentration (BAC) of 0.08% if they are over 21 or 0.02% if they are under 21 years of age. The DUI process in NH happens in phases, beginning with the police stop. The three primary ways that police stops occur include:
- Standard traffic stops
- Sobriety checkpoints
- Being involved in or witness to a serious or fatal accident
Officers are trained to look for signs of intoxication after pulling over a driver. Some signs, like erratic driving, driving without headlights, and driving below the speed limit, can alert a police officer to a potential DUI incident. Other signs, like slurred speech and the scent of alcohol on a person’s breath, can become apparent only after the driver is pulled over, or if the driver stops at a sobriety checkpoint.
Regardless of the reason for the stop, law enforcement must have “reasonable suspicion” that the driver is operating a vehicle under the influence of drugs or alcohol. If there is no reasonable suspicion, it is possible that any evidence gathered during the stop will be deemed inadmissible during the DUI court process.
Can You Refuse a Chemical Test or Field Sobriety Test?
According to NH Revised Statutes § 265-A:4, any person operating a motor vehicle in the state of New Hampshire automatically consents to a breath, blood test or sobriety test when they are stopped on suspicion of impaired driving. This means that if a DUI suspect refuses a chemical test or field sobriety test, they will be found in violation of New Hampshire’s implied consent law.
There is a great deal of discourse surrounding whether or not to refuse a chemical test or field sobriety test. On one hand, declining a sobriety test may be advantageous because it prevents police from gathering any proof of their intoxication. However, law enforcement may take a person’s refusal as evidence of driving under the influence.
What Are the Penalties for Refusal to Consent?
Refusal to consent can have serious legal consequences, which are important to consider as you navigate the aftermath of a DUI arrest. A DUI suspect found in violation of New Hampshire’s implied consent law may face the following penalties:
- Driver’s license suspension of 180 days for the first violation.
- Driver’s license suspension of 2 years for the second violation or for the first violation with prior DUI convictions.
It is important to note that a refusal to consent suspension is separate from any other license suspension, meaning that it will occur either before or after any other suspension issued by the court. In some cases, it may be possible to contest a license suspension through a New Hampshire DMV hearing.
New Hampshire DUI Arrest
Based on the police officer’s observations and the results of any breathalyzer tests or field sobriety tests taken, the officer will decide if there is probable cause to believe that the driver has been driving under the influence. If so, the officer may then arrest the driver and they will be taken into custody. At the police station, the officer will have the driver take a State-administered chemical test, which may be a blood test, a breath test, or a urine test.
If a driver refuses to consent or undergoes a chemical test resulting in a BAC higher than the legal limit, their driver’s license will be confiscated. In such cases, they will receive a temporary license valid for 30 days. Once this period concludes, the temporary license will become invalid, and an administrative license suspension will commence. To maximize the likelihood of retaining your driving privileges, it is essential to seek the assistance of an experienced DUI attorney as quickly as possible following an arrest.
What Is a DUI Arraignment?
An arraignment is the first event in the DUI court process. The primary function of the arraignment is to formally inform a defendant of the charges they face and outline their legal rights. During this process, the judge will read aloud the specific law that the defendant is alleged to have violated and explain certain key rights, including the right to legal representation and the right to a jury trial.
In certain instances, the arraignment serves as the initial and only court appearance. For example, when a defendant intends to enter a guilty plea and receive immediate sentencing, typically, one court visit suffices. However, in the majority of cases, the arraignment merely initiates the court proceedings. At this point, seeking counsel from an experienced New Hampshire DUI attorney may be advantageous to protect your rights and your freedom.
How Can a New Hampshire DUI Lawyer Help?
Fighting a DUI charge requires a thorough knowledge of the complex state laws involved, the administrative license suspension procedures, and the state’s reliance on standard field sobriety testing to construct its case. The commitment of an experienced attorney extends beyond the courtroom: the right attorney will provide you with sound guidance on all matters related to the DUI process in New Hampshire, including the reinstatement of your driving privileges following the conclusion of your case.
Regardless of the circumstances, help is available to represent you in fighting your charges and minimizing the consequences related to a DUI conviction. Our attorneys work diligently to explore all potential options for achieving reasonable case resolutions and, when the situation demands, are fully prepared to proceed to trial. We take pride in our consistent record of successfully negotiating reduced charges for our clients.
DUI Defense Strategies
Speaking with legal counsel when faced with DUI charges is crucial to making informed decisions. Your life, your freedom, and your finances are at stake and you do not need to defend your case alone. An experienced attorney will review your case to identify the right DUI defense strategies to mitigate the aftermath of a criminal charge.
Questioning the Legality of the Police Stop
Questioning the legality of the police stop is one of the most common and effective strategies to fight a DUI charge in New Hampshire. Law enforcement has a variety of laws and regulations that they must abide by to ensure the lawfulness of police stops and arrests. For instance, NH Revised Statutes § 265:1-a states that law enforcement must secure an order from the Superior Court authorizing a sobriety checkpoint.
In other words, a police officer is prohibited from independently establishing a checkpoint aimed at apprehending DWI offenders. If a defense attorney is able to effectively challenge the adherence to established protocols during the checkpoint’s setup, there is a possibility that the charges could be dismissed.
Challenging the Accuracy of Sobriety Tests
Challenging the accuracy of a breathalyzer or field sobriety test is another effective strategy for defending against a DUI charge. Studies show that field sobriety tests are only 65% to 77% accurate. This is a substantial error rate that can be leveraged to invalidate the prosecution’s evidence.
Likewise, breathalyzer tests are not 100% accurate and results can vary significantly from a person’s actual BAC. Factors like using mouthwash, taking prescription medication, or suffering from acid reflux can skew breathalyzer results. Operator error or improperly calibrating the device can also lead to unreliable results.
Contact a Seasoned New Hampshire DUI Attorney at Friedman & Bresaw Today
When you choose to work with our team of New Hampshire DUI attorneys, you can rest assured that every possible measure will be taken to protect your rights and your freedom. Our attorneys share 50+ years of combined experience, and we strive to use that knowledge to protect our clients from criminal DUI allegations. At Friedman & Bresaw, PLLC, we understand that a DUI charge can have a resounding impact on your life. Your fight is our fight. To learn more about how we can help, consider scheduling a free initial consultation with us at (603) 707-4800 today.
