Is It Possible to Trick a Breathalyzer Test?
There are many misconceptions regarding what Breathalyzer test are and are not capable of doing and whether or not a person can actually “trick” one during a roadside test. Today, we’re going to take a look at what separates fact from fiction.
Fiction: Mouthwash, breath mints, and other breath fresheners can be used to disguise the presence of alcohol and lower blood alcohol content (BAC) readings.
...How High BAC Levels Can Affect Your DWI Case
Within the state of New Hampshire, an individual who operates a motor vehicle while under the influence of alcohol can face charges for either an aggravated DWI or a standard DWI. Aggravated DWI criminal charges result in significantly stiffer penalties and occur when the motorist is operating under the influence of alcohol and there exists specific factors that classify the crime as particularly reckless. For example, one of these factors is the operation of a motor vehicle with an extremely high blood alcohol concentration (BAC).
BAC is a term that is used to refer to the amount of alcohol that an individual has in their bloodstream within two hours of their arrest. In our state, a motorist can, pursuant to state statute RSA 265-A: 3, be charged with an aggravated DWI relating to high BAC levels if they attempt to operate, operate, or dive a motor vehicle “whilst having a blood alcohol concentration of .16% or more”.
...8 Urban Myths About New Hampshire DWIs
The subject of driving while intoxicated (DWI) in New Hampshire is surrounded by common urban myths that are simply untrue. Although many of these myths, like sucking on a copper penny will lower a BAC reading, have been scientifically proven to be incorrect. However, it is amazing to us the number of clients we see who still believe that these legends are accurate.
Today, we’re going to take a look at 8 common urban myths about New Hampshire DWIs and whether or not there is any factual basis for their claims:
...What In the Heck Is a Per Se DWI?
In the legal arena, you’ll often hear the phrase “per se DWI” tossed around. Hailing from the Latin language, the phrase “per se” is translated as “by itself”. Essentially, it means the amount of alcohol a motorist has in their bloodstream is enough to constitute a crime in and of itself without the need for further evidence.
Within the state of New Hampshire, per se laws are applied only to alcohol related cases. This is because there is a direct correlation between the case and a suspect’s blood alcohol concentration. An individual who operates a motor vehicle with a BAC level that is over the legal limit would be considered guilty of a per se DWI. When a suspect undergoes any type of sobriety test, the police officer conducting the test is gauging how much alcohol the suspect has in their system. Under the guise of per se DWI laws, the only required evidence to prove that a crime has occurred is the fact that the suspect’s BAC levels were higher than the legal limit.
...New Hampshire & Felony DWIs
For most people, when they think of a convicted felon, they think of such nefarious characters as drug dealers, scam artists, child molesters, and murderers. However, a simple lapse in judgment by any motorist can immediately result in a felony arrest for a New Hampshire DWI if that motorist causes an accident resulting in serious injury after choosing to drink and drive.
A DWI can happen to almost anyone. Many adults (and a rather startling number of minors too!) choose to drink alcohol. Unfortunately, these individuals rarely engage in special precautions should they opt to have several drinks and operate an automobile.
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