Good Luck Passing a Field Sobriety Test

Field sobriety tests frequently used by law enforcement officials to ascertain whether or not a motorist is under the influence of alcohol. In general, these tests consist of 3-5 exercises, like the finger to nose test, one leg stand, heel to toe, alphabet recitation, and so forth. The police officer who administers the test will use their subjective opinion to determine if the suspect passes or fails a test.

To an uneducated jury, these DWI tests seem adequately scientific. In reality, however, these tests have no scientific foundation and, in most DWI cases, are totally useless.

Find Out Which States Are the Toughest On Drunk Drivers

Wallethub.com, a website specializing in financial services, has created a report ranking states on how lenient or tough their laws are on DWI offenders.

In their report, Wallethub cites a statistic from the National Highway Traffic Safety Administration that states 31% of automobile fatalities in 2012 involved the consumption of alcohol. However, this number has significantly declined since 1980 when states first began to crack down on drunk driving. Wallethub contends that the decline can be attributed to the tougher laws and harsher penalties states have implemented to fight and punish drunk driving.

DWI “Expert” Officers Instructed To Lie Under Oath

In most DWI trials, the prosecution’s most valuable witness is their crime lab’s blood alcohol expert, commonly called a forensic toxicologist. A forensic toxicologist explains to a jury what a Breathalyzer or blood test’s results were and what this means, what the defendant’s probable blood alcohol content (BAC) was at the time they were driving, and whether the Breathalyzer was properly maintained and in good working order at the time it was used. In most instances, the accuracy and honesty of this expert witness’s testimony under oath is crucial to the trial’s outcome.

Unfortunately, these expert witnesses are not honest, nor objective, in their testimony. As an employee of the law enforcement agency, he or she believes that their duty is to assist the prosecutor in securing a conviction – and their testimony is tailored accordingly.

Durham, New Hampshire Sees a Sharp Increase In DWI Arrests

Police officers in Durham, New Hampshire have experienced a sharp increase in the number of driving while intoxicated arrests this year.

As of September 10^th, there have been a total of 57 DWI arrests in Durham, which is higher than the total number of DWI arrests made in 2013 and 2014. 2012 saw the highest annual total of arrests of the last three years with 82 motorists being arrested for DWI in town.

Here’s What You Need to Know About Being Charged With a DWI Outside of Your Home State

In most instances, motorists understand and are familiar with the driving while intoxicated laws in their home state where their driver’s license was issued. Moreover, they are also aware of the negative effects a DWI conviction can have on their criminal record and driving privileges. In the unfortunate event that a New Hampshire motorist should receive a DWI charge in another state (e.g. while traveling or on vacation), it can be difficult to understand how to fight these charges.

It is imperative to know that, in each state, being arrested for a DWI will set into motion two different events that are different from one another. The first of these events is a suspension of your driving privileges in the state you were arrested in. The second is prosecution of a DWI charge through that state’s legal system. How each of these events is handled will produce a significant effect on your future and the case’s outcome.

Nashua, New Hampshire & DWI Laws – What You Need to Know

There is no doubt about it: Nashua, New Hampshire is a beautiful town. Its close proximity to the liveliness of Boston, stunning mountains, and the ever enjoyable seacoast, in addition to its quaint, quiet atmosphere, has led this small town to twice be voted the best place to live in America. The name itself, a Penacook word, means “beautiful stream with a pebbly bottom”. Despite its many attractions and accolades, Nashua does have its hidden dark side.

Nashua DWI Accidents and Fatalities

Learn How to Get the Best Legal Help After a DWI Arrest

I’ve been charged with a DWI. How do I find the best legal help available?

New Hampshire’s driving while intoxicated (DWI) laws are stricter than ever before. Police officers have made DWI prevention one of their top priorities, and social organizations, like Mothers Against Drunk Driving, have brought these issues to the forefront of society’s attention, in addition to lobbying or even harsher penalties for those convicted of DWI related crimes. Even within the last 5 years, New Hampshire’s drunk driving laws have been revolutionized.

I’m In Medical School and Was Arrested For a DWI. What Happens Now?

A doctor or nurse is placed in a position of perceived responsibility, so if you have not yet received your medical or nursing license, then you are quite right to be concerned about how being arrested for a DWI will affect your future. In the state of New Hampshire, a first time DWI offense will not affect your ability to obtain your nursing or medical license; however, this does not mean that you should not fight your case in court.

Even though a single conviction will not destroy your chosen career, there is every possibility that any subsequent DWI offense will. There is another element you should consider. Most medical students graduate from school with a considerable amount of debt. Adding the monetary penalties and fines of a DWI to that debt total can be financially devastating.

I’ve Been Arrested For a DWI. What Do I Do Now?

HIRE A GOOD LAWYER AS SOON AS POSSIBLE.

In the State of New Hampshire, being arrested and charged with driving while intoxicated (DWI), it is a serious offense. If you are convicted of these charges, the negative impact it has on your life can reverberate for years in the future, including your ability to find gainful employment. Due to the seriousness of DWI charges, many defendants choose to take their case to trial in the hope that the case will either be dismissed or they will be found not guilty.

I Was Arrested For a DWI, But a Court Date Hasn’t Been Set. How Long Do Police Officers Have to Charge Me With a DWI?

When a New Hampshire motorist is arrested for and charged with a DWI (driving while intoxicated), it does not mean that they are automatically charged with the offense. The police officer who pulls over, detains, and arrests the motorist for a DWI must first write a formal report and forward it to the local district attorney’s office in the community where the arrest occurred. The report is then forwarded to the staff of the DA’s office who is responsible for writing it up and then filing formal charges.

The final say on whether or not a charge is filed lies with the deputy district attorney. In many instances, a deputy district attorney’s office is deluged with filing requests, which causes their office to become backlogged. For the arrestee, this means that it might be a few weeks or months before the charges against them become official. In the state of New Hampshire, your local district attorney’s office has up to one year from the date of your arrest to formally file charges. This time period is referred to as the statute of limitations. For more serious offenses, the statute of limitations can be as long as three years.

How Women Can Fight DWI Charges In New Hampshire

Recent research has shown that statistically a disproportionate number of women are being arrested and charged with driving while intoxicated (DWI) than ever before. The New Hampshire court system and prosecutors would like for the general public to believe that this is due to an increased number of females who choose to drink and drive; however, there are multiple factors that indicate women are more likely to be falsely arrested and charged than their male counterparts. For this primary reason, DWI defense for females can be more complicated, but there are a wide range of valid defenses available. In clinical studies, female bodies have been proven to process alcohol consumption differently from men. In addition to these biological differences, there are also issues with the validity of Breathalyzer and blood tests themselves. It is beneficial to you to have your case evaluated by an experienced NH DWI lawyer immediately in order to avoid the consequences associated with a wrongful DWI conviction.

The Unreliability of Breathalyzer Tests On Female Subjects

I previously blogged about the NH officers who may have improperly administered breath tests due to not being certified. Here is the full  list of officers who were not certified:

If you had a case with them during a time they were not certified and plead guilty or were found guilty, you may be able to get your plea set aside or get a new trial due to new evidence.

Hundreds of DWI Cases Called Into Question Because of Software Glitch

A software glitch, which is believed to have begun in December of 2013, could have erroneously recertified 110 police officers to administer Breathalyzer tests. This calls the validity of hundreds of New Hampshire DWI cases into question.

The state of New Hampshire discovered the glitch on May 1^st, but so far, no one has been able to determine how the error happened or which police officers have been administering breath tests without the proper, state mandated credentials.

If You’re Arrested For an NH DWI, Here’s What NOT To Do!

If you have not heard of the Ferguson, Missouri case in which Officer Darren Wilson shot Michael Brown after he resisted arrest on August 9^th, 2014, you’re either deceased or lost in LaLa Land. What can we learn from this case?

If an individual you recognize as a police officer states that you are being placed under arrest for a DWI or another type of criminal offense, here is what you SHOULD do:

Been Arrested For a DWI? Here’s What You Need to Know

Each day, it happens on New Hampshire’s roadways. One moment, you are cruising along the road. The next minute, a police officer is asking you to blow into a foreign device, walk in a straight line, and stand on one leg. The next thing you know, you have been charged with a DWI, and you are being placed in handcuffs and loaded into the backseat of a squad car. How did this happen?

In reality, a DWI (driving while intoxicated) is the most common form of criminal charges confronted by New Hampshire’s citizens. The process of contending with an NH DWI is a serious one. It is full of confusion, uncertainty, and stress.

Sobriety Checkpoints Are Now Being Set Up…Inside of Bars?

An increasing number of New Hampshire DWI lawyers and criminal defense attorneys have begun to view DWI sobriety checkpoints as a clear violation of the protections afforded by the 4^th Amendment. The is the practice of police agencies of establishing locations on New Hampshire’s roadways where motorists can be stopped without due “probable cause” to suspect a crime is being committed. For those who believe this practice is unconstitutional, a new initiative by police officers in Sacramento, California will have them up in arms.

This past Memorial Day, Sacramento police officers launched a new program designed to combat motorists who choose to drive while intoxicated. While the rationale for this new program initially seems just, it is its implementation that is anything but.

Do You Know Why I Stopped You? Part 1

It is a question no one likes hearing, and it is a situation no one likes being in. Law enforcement officers are infamous for, and have gone through hours of training, in order to convince suspects to incriminate themselves. It is a common misconception that a person might be able to talk themselves out of a ticket if they admit to a minor infraction, but don’t admit to anything too serious.

However, any admission a motorist makes will cost them something. Police officers do invest their time in pulling someone over for no reason; although, this does happen occasionally. If you have been pulled over, the police officer has a specific reason for doing so. Questioning a motorist to see what they can persuade them to admit too is a game all police officers learn in the academy.

Could “Party Plates” Help In Getting Drunk Drivers Off the Road?

As legislators in New Hampshire consider changes that would toughen our state’s driving while intoxicated laws and as new, controversial measures are being introduced for legislators’ consideration, the state of Ohio enacted a highly visible, unique approach.

Since the beginning of 1967, Ohio has issued specialized license plates for DWI offenders. These are informally referred to as “party plates” or “scarlet letter plates”. In the past, these plates were issued to offenders via the specific request of a judge; however, Ohio’s drunk driving laws underwent sweeping changes in 2004. Since then, the law requires these plates to be issued to offenders whose BAC levels were twice the legal limits or for those who have two or more DWI offenses on their record.

Can an Emergency Situation Ever Necessitate Driving While Intoxicated?

In December of 2013, the American Bar Association Journal reported on a case originating in Canada wherein a judge deemed the defendant not guilty, despite the fact he was driving while intoxicated, because an emergency situation force him to drive an injured acquaintance to the local hospital for emergency medical treatment. After falling down a flight of stairs, his friend had suffered a fairly severe cut on his head. The pair had accidentally locked themselves out of their apartment and were unable to reach their mobile phones. Subsequently, the duo had no other choice but to drive themselves to the nearest hospital.

DWI cases of this unique nature generally fall into one of two categories. The first category is referred to as the justification defense, wherein an emergency situation necessitates driving while under the influence of alcohol, and the second category is called the duress defense, in which a motorist needs to remove themselves from a dangerous situation, such as a person who is threatening their lives.

Will Breathalyzer Tests Become the Next Civil Liberties Issue? Part 1