New DWI laws take effect tomorrow (Jan 1)

Have a safe and happy new years. Keep in mind, there are many changes to the DWI laws taking effect January 1, 2013. You can see a summary in my previous posting: http://www.nhdwiguy.com/Blog/Entry/nh-dwi-laws-2013.html

I was recently interviewed by NHPR regarding this law:

http://www.nhpr.org/post/nhs-new-dui-law-covering-prescription-drugs-goes-effect-jan-1

"defense attorneys in the state call the law over-reaching.  Attorney Dan Hynes, who specializes in DUI defense, predicts an increase in false arrests in 2013.

“I think it’s incredibly too broad and people taking prescription medications by a doctor may or may not know the effects of those medications.  I think it’s particularly difficult for police officers to determine whether someone’s under the influence of a certain drug.”"

Unfortunately, hardly any police officers in this state have Drug recognition expert training. While you may ultimately be able to prove your innocence, it is a terrible thing for someone to go through the embarrassment and stress of being falsely arrested. Blood test results often take a month or more to get back. If there is any drugs in your system, no matter how little, expect the state's analyst to give the opinion you were driving under the influence. If you have been charged with DWI drugs, consult an experienced DUI lawyer. You also may need to retain an expert witness to show any drugs in your system were at or under a therapeutic range.

If you are taking prescription or over the counter medications (or pretty much anything), do not drive if those medications are impairing your ability to drive to any degree. You can be charged with DWI and if convicted face the same consequences as someone convicted of DWI alcohol; including mandatory loss of license.

*Disclaimer: I do not proclaim to specialize in DWI, as meant under the rules of professional conduct. My practice is solely focused on DWI defense.