If you take the prescription drug ambien, and you drive a car, you are at risk of driving under the influence of drugs in New Hampshire. It does not matter if you have a valid prescription. The issue is did the ambien impair your ability to drive to any degree. One of the problems with ambien is it can cause people to basically sleep walk. People have been known to take the drug before going to sleep, not remember getting up or driving, and later become coherent after they are already arrested. Combining alcohol with ambien can affect how much it affects you, as well as stress and other factors. If you take ambien you really need to be careful, especially when you first start off taking it. Also,do  not exceed what a doctor recommends.

If you are charged with DWI ambien, to present the best defense you are going to need an expert witness to speak of the effects of ambien (as well as a really good DUI Attorney to question everything else). the state crime lab analyst will testify that the ambien in your blood was enough to impair you if you gave a blood test.

Additionally, some cops are drug recognition experts and do a 12 step DRE exam on you. It is necessary to know how the evaluation is supposed to be done, and have an expert testify as to the limitations of the exam.

Finally, it might be a defense that you did not know what you were doing. While voluntary intoxication is never a defense to DWI, it does require a voluntary act. Sleepwalking could be a defense  While there is not presently any law on this defenss in NH, recently the Oregon Supreme Court held that sleep driving is a defense in State v. Newman, No. SC S060182. "The trial judge must permit him to put on expert testimony that his driving was not a volitional act because it occurred during an episode of somnambulistic automatism -- sleepwalking (which led to "sleep driving")" "regardless of whether a person has a culpable mental state, that at minimum the person must engage in a volitional act before that act can be considered criminal. Thus, if a person commits the act in his sleep, the act is not volitional and does not subject the actor to criminal liability." - http://www.linkedin.com/groupItem?view=&srchtype=discussedNews&gid=2365795&item=245874999&type=member&trk=eml-anet_dig-b_pd-ttl-cn&ut=0RBh9IbSz3YBM1

In New Hampshire, if you have a previous conviction within the last 10 years, you will be charged with a subsequent offense DWI.  If you are found guilty of a second offense DWI, you will go to jail and have a minimum 3 year license loss. The jail time is up to one year for a second or third offense, but a fourth offense felony dwi has up to 7 years in prison.

If you are charged with DUI or DWI while you have already been charged with dwi, but not yet convicted, the good news is you won't be facing second offense penalties. The bad news is if you are found guilty of both charges, there is a very good chance the judge gives you an increased sentence. Additionally, it is a criminal offense to commit a crime, including DWI, while you are out on bail. The jail time on that offense will run in addition to any other jail time.

Remember, an arrest for a dwi is not a conviction. Make the state prove your guilt beyond a reasonable doubt by raising your best defenses. Sometimes, a good dwi lawyer can get the prosecutor to reduce a second offense to a fake first offense. This will keep you out of jail, and often has a much less loss of license. A good attorney can often point out all the potential issues with a case and have the prosecutor make better offers. Also, a lawyer who goes to trial, and often wins, will have a good reputation. If a lawyer has too many cases, or just settles every case, there likely won't be as good plea offers. Or, a lawyer who has to try a case who doesn't have a lot of trial experience, may miss certain things. Attorney Hynes has handled more than 100 combined DWI trials and DWI hearings at the DMV.

I hope you all had a good bike week if you went up to ride in Laconia New Hampshire this week.

The police were out in force as usual. I have already received a couple of calls from people who were charged with DWI. If you have been charged with DWI on a motorcycle, give me a call to discuss your defense. Defending motorcycle DWI cases is different than regular DWI cases. As a rider, and someone who successfully received not guilty verdicts on motorcycle cases, I will help you present your best defense.

A Comprehensive Guide to New Hampshire DUIs

One of the most serious traffic violations a New Hampshire motorist can be convicted of is driving while intoxicated. The New Hampshire Division of Motor Vehicles, Department of Safety, and other law enforcement agencies enact severe consequences for NH motorists convicted of a DWI. Although different types of tests may be used to ascertain a motorist’s DWI condition, the ensuing disciplinary measures and consequences remain unchanged.

Defining DWI Under NH State Law

For most of the people who come to me who were arrested for DUI in New Hampshire, it is their first offense, and the first time they were arrested. Many people do not understand the court system or the serious consequences they are facing for a first offense DWI. DWI is not just a small traffic violation. It is a criminal offense. If you are found guilty, you will have a criminal record. For certain professions such as teachers, people in the medical field such as nurses and RNs, and those in certain government positions, a criminal record can cost you your job. To be found guilty, the State must prove beyond a reasonable doubt that your ability to drive was impaired due to alcohol or drugs. If you refused a breath test, the prosecutor will try and use that against you.

Besides having a criminal record, if you are found guilty of DUI, you will lose your license for a minimum of 9 months (in certain cases you can get it back after 90 days). The judge can not give you less of a license loss than that, no matter how compelling your reasons. It doesn't matter if you are a single mother, drive hours to work, need to go to doctor appointments, etc. Making matters even worse, New Hampshire does not have any hardship license/work license/or Cinderella license. People often ask me how they are supposed to get to work and support their family. My advice is with so much at stake you need a good DWI lawyer to present the best defenses and get you the best outcome possible.

DWI cases are complicated and involved science, the rules of evidence, and pseudo-science (field sobriety tests). You need someone who is an expert in these things to know all of the potential defenses you have. Attorney Dan Hynes wrote a few books on DWI. He gives them to his clients so they can know some of the many defenses they have (such as 100 medical defenses). Additionally, Attorney Hynes has training as a field sobriety test instructor (the training used to teach officers on how to administer field sobriety tests).

If you are found guilty of DWI, before you get your license back you need to do an alcohol and drug screening, a full evaluation if needed, including potential AA meetings of to see a counselor for months, and to do a 20 hour alcohol class. You also have to pay fines, and need SR-22 insurance for 3 years, which will raise your insurance costs. Also, DWI is a major offense toward the habitual offender law in NH. With as few as 2 other offenses, you can be deemed a habitual offender and lose your license for minimum 1-4 years. If you drive while under suspension for DWI you will go to jail for a minimum of 7 days, and have an additional year license loss. If you drive while a habitual offender, it is a felony and you will go to jail for a minimum of 1 year.

With so much at stake can you afford not to put forth your best defense? Give our DUI Attorneys a call to discuss how we can help you