Actual Consequences vs. Collateral Consequences For a New Hampshire DWI Conviction

In the state of New Hampshire, a DWI conviction can have serious ramifications in multiple areas of your life. Actual consequences are defined as the actual penalties that are handed out by the NH court system. Collateral consequences are the various negative effects that a conviction can produce on your personal, financial, and professional life. The court system is required to explain the actual consequences of a conviction to a defendant, but they are under no obligation to explain the collateral consequences, which can continue for quite some time.

Drunk Driving Laws In New Hampshire

A DWI Charge Is Often Accompanied By Other Charges

New Hampshire DWI cases are rarely as straightforward as they might seem. Frequently, a simple DWI charge is often accompanied by a slew of other criminal charges. In January of 2013, the state of New Hampshire enacted new legislation to crack down on motorists who drive while impaired. Consequently, police officers have begun to tack additional charges onto a standard DWI charge – whether or not these additional charges are warranted.

On September 25^th, 2013, a Vermont man, Luke Theriault, was accused of driving drunk in Hanover, New Hampshire. After his early morning arrest, Mr. Theriault was formally charged with driving while intoxicated (DWI), driving on a suspended license, reckless operation of a motor vehicle, disobeying a law enforcement official, resisting arrest, a yellow line violation, and conduct after an accident.

If you have been arrested for DUI in New Hampshire, contact an experienced DUI Attorney who is well versed in all the laws relating to DUI cases and knows how to present the facts to the court to get the charges against you dropped.

If you are pulled over on the suspicion of drunk driving, the police officer will generally administer you a breath analyzer test. If you have been consuming alcohol at a party or club, chances are it will impair your driving abilities. Do not drink and drive. If you drink and drive you are endangering your life as well as the lives of others on the road. If your blood alcohol concentration is 0.08% or more, you will be charged with DUI. The police will inform you that they have sufficient evidence against you in the form of the breath analyzer results. An experienced DUI attorney can challenge the results of the breath analyzer test. While you can refuse a field sobriety test, you cannot refuse the breath analyzer test.

Your DUI Attorney will review the maintenance record of the breath analyzer. General wear and tear will take its toll on any machinery. The police department must maintain the breath analyzer according to the manufacturer’s guidelines. If the maintenance is not according to the manufacturer’s guidelines, it will affect the results. The breath analyzer must be property calibrated according to the manufacturer’s instructions. The operating instructions must be strictly followed. Any deviation from the manufacturer’s standard operating procedure will show a wring result.

An experienced DWI Attorney will review your case to check if you have any defenses. There are many defenses to a New Hampshire DUI charge.  DUI Attorney will consider the following while developing a defense plan:

·    Whether this is your first offence?

In New Hampshire, to be convicted of dwi the prosecutor must show you were on a public way (usually a road), operating a motor vehicle (car, atv. etc.) and that you were under the influence or above the legal limit. Some states do not have all of these requirements. In Colorado, someone was charged while riding a horse.

http://www.foxnews.com/us/2013/09/10/colorado-man-accused-drunken-horseback-ride/?goback=.gde_1642217_member_272574964#!

"University of Colorado police have arrested a 45-year-old man suspected of going on a drunken horseback ride through the city of Boulder.