Driving under the influence (DUI) of drugs or alcohol, also known as driving while intoxicated (DWI), is a severe criminal offense in New Hampshire, which can have lasting consequences. If arrested for driving under the influence, an experienced New Hampshire DUI lawyer can provide those facing this charge with the legal and emotional support needed to navigate this difficult legal process. Discover why you need a DWI attorney in New Hampshire, learn some DUI defense strategies and DUI attorney benefits in NH, and find out how Friedman & Bresaw, PLLC might help motorists arrested for DUI by calling (603) 707-4800.
Understanding DUI Attorney Benefits in NH
Hiring a New Hampshire criminal defense lawyer might be beneficial for those facing DUI charges. This is due to their knowledge of state laws, case law, and statutes, and how these apply to a person’s circumstances, enabling these attorneys to provide up-to-date and accurate legal guidance.
Additionally, criminal defense attorneys in NH have lasting working relationships with state prosecutors, which can result in more lenient sentencing and favorable plea deals concerning DUI cases, as well as an improved understanding of how a specific prosecutor may approach a case with DUI charges. Another benefit of an NH driving under the influence attorney relates to their knowledge of state judges and court systems, who can utilize their understanding of how specific courts handle cases, courtroom dynamics, and local rules of procedure to develop strategies likely to have an impact in that particular court, greatly aiding preparation for attending court.
What Are the Different DUI Defense Strategies?
Some effective strategies for challenging DUI charges include disputing test results, witness testimonies, and officer conduct. Find out how to beat a DUI in NH below.
Disputing Field Sobriety Test Accuracy
Commonly utilized by law enforcement officials to ascertain whether a motorist is operating a vehicle under the influence of drugs or alcohol, field sobriety tests involve requesting that a driver stand on one leg, follow an object with their eyes, or walk in a straight line. The results from these assessments are subjective and potentially impacted by other factors, such as nervousness, pre-existing medical conditions, insufficient lighting, uneven roads, and poor balance, leading to motorists arguing that these test results are unreliable.
Questioning Breathalyzer Results
Breathalyzers measure drivers’ blood alcohol concentration (BAC) via their breath. However, the results from these devices may be inaccurate if they are improperly maintained and calibrated, giving rise to challenges from motorists. Moreover, some medications and medical conditions, as well as consuming specific types of food, can result in false positives on these tests.
Raising Blood Test Inaccuracies
While typically more accurate for measuring BAC compared to Breathalyzers, blood tests may still produce errors, such as when collecting, handling, or analyzing the sample. Improperly storing or contaminating the sample may impact the results, and if significant time passes between the DUI stop and the test, this can lead to false readings.
Challenging Officer Conduct
During DUI stops and arrests, police officers have to follow certain procedures to safeguard motorists’ rights, and failing to follow these processes could affect a DUI charge’s validity. Examples include engaging in misconduct while arresting a driver, using excessive force, and failing to read the individual their Miranda rights during an arrest.
Contesting Witness Testimonies
Witness testimonies may feature in some cases involving DUI charges; for instance, such witnesses may be other road users or passengers in the suspect’s vehicle. If a witness had an obstructed view or biases or was positioned far from the suspect, one defense strategy involves challenging witness credibility by questioning what they observed and highlighting inconsistencies with their testimonies.
Learn more about DUI attorney benefits in NH, as well as DUI defense strategies, and explore how a seasoned New Hampshire DUI lawyer may assist those facing DUI charges. Contact Friedman & Bresaw, PLLC today to arrange a preliminary discussion.
Proving the Driver Was Not Impaired or in Physical Control
A motorist facing DUI charges might claim they were not actually impaired during the DUI stop and that other factors, like stress, illness, or fatigue, caused them to show the signs of driving impairment despite not consuming alcohol or ingesting other substances. Furthermore, if a motorist consumed alcohol post-driving but prior to testing, such as shortly after parking their car, the positive results of any BAC testing may not accurately indicate whether the driver was impaired while operating their vehicle. Drivers facing DUI charges in NH while not operating the vehicle could challenge these charges if they can prove they did not have the means to control the vehicle; for instance, the police may have found the motorist asleep in the vehicle with the keys not in the ignition.
What Happens if You Get a DUI in New Hampshire?
If arrested for DUI in New Hampshire, law enforcement could bring different charges against the motorist, all of which are crimes rather than merely traffic offenses, each carrying distinct penalties, including a first offense (a class B misdemeanor with no jail time and a fine ranging from $500 to $1200), aggravated DUI (a class A misdemeanor or a class B felony with mandatory jail time), and subsequent DUI offenses (also with compulsory jail sentences), with a fourth offense usually being a felony. Worth noting is that if a driver commits a DUI offense leading to an accident that causes a serious injury or death, this results in a felony, even if the only injury sustained was to the offending motorist, and drivers aged below 21 can expect more severe penalties due to alcohol being illegal for this age group. Motorists holding a commercial driver’s license (CDL) found to be driving under the influence when operating a commercial vehicle usually face more severe penalties, and the maximum BAC permitted for these drivers is lower than for other motorists, set at 0.04%.
All DUI convictions make it compulsory for drivers to complete a state-recognized DUI education program, with a minimum length of 20 hours, before they can regain their license, although drivers who have already completed one within the previous five years are exempt from this requirement. In addition to these penalties, those convicted of DUI can expect other sanctions, such as increased insurance premiums and challenges when renting vehicles.
Can a DUI Be Dismissed in NH?
Dismissing a DUI offense in NH involves relying on defense strategies, and one such defense relates to identifying whether law enforcement officials had a valid reason to stop the motorist’s vehicle. The police cannot stop drivers unless they have probable cause, meaning they must witness a traffic offense or reasonably suspect illegal activity. If the police had no probable cause, for instance, the police stopped the motorist for no clear reason, the driver could argue that the police acted unlawfully, potentially leading to any supporting evidence becoming inadmissible and the dismissal of the charges.
Do You Lose Your License Immediately After a DUI in NH?
DUI arrests can impact a motorist’s ability to legally drive, with some arrests potentially resulting in an immediate license suspension. When the police make a DUI stop, the officer typically requests the driver to complete chemical tests, and per RSA 265-A:4, New Hampshire law requires those suspected of DUI to consent to this type of testing; if the motorist refuses, they receive an automatic license suspension of 180 days or two years (for first or habitual offenders, respectively), beginning from the arrest date. If a motorist suspected of DUI submits to chemical sobriety testing and has a BAC of 0.08 or more if aged over 21 or 0.02 or more if aged under 21, they can expect a license suspension ranging between six months and two years, taking effect 30 days after arrest.
Drivers convicted of DUI typically experience a license suspension lasting for a minimum period of nine months up to a maximum period of two years. Motorists who commit additional DUI offenses can face longer suspension periods, depending on the number of previous convictions. In New Hampshire, those convicted of aggravated DWI can expect a license suspension for at least 18 months and no longer than two years.
Schedule a Preliminary Discussion With a Knowledgeable New Hampshire Criminal Law Attorney Today
DUI stops occur regularly in New Hampshire and other states to remove impaired drivers from roadways, with 32 people losing their lives daily due to alcohol-impaired motorists (according to the Centers for Disease Control and Prevention), potentially leading to field sobriety and Breathalyzer tests and even arrests. Driving under the influence is a common charge that can result in uncertainty, stress, confusion, and long-term legal implications, which is why it is important to consider reaching out to an experienced New Hampshire DUI lawyer. Explore the DUI attorney benefits in NH and effective DUI defense strategies in greater detail, and discover how an attorney from Friedman & Bresaw, PLLC can aid individuals charged with DUI; call (603) 707-4800 today to schedule an initial consultation.
