Blood Evidence In a DWI Case Can Be Challenged

If you are arrested for a DWI and a blood test is administered, police officers now have irrefutable evidence that you were driving while intoxicated, right?

Wrong!

NH Motorist Arrested For DWI Probation Violation After Posting On Facebook

In the state of New Hampshire, when a motorist is arrested for, and convicted of, driving while intoxicated (DWI), then there are a number of serious penalties that they must face. One commonly used penalty is probation. An NH DWI offender can be placed on probation for up to 2 years for a misdemeanor conviction. For a felony conviction, the number rises to 5 years. Probation involves the DWI offender being released from jail on the condition that they abide by specific restrictions as established by the court. Common probation terms include:

§  The offender must periodically report to their assigned probation officer.

New Hampshire DWI Affirmative Defenses & Motions to Dismiss

One of the primary goals of an experienced NH DWI lawyer is to avoid having their client’s DWI case ever go to trial. If an acceptable plea bargain cannot be reached with the prosecution, then a DWI attorney’s next step will often be to file a motion to dismiss. In certain scenarios, the proper remedy will be to have the entire charge dismissed.

Here are a few examples of motions to dismiss that a New Hampshire DWI attorney might use:

Is Public Shaming an Effective Method of Preventing Crime?

In the state of New Hampshire and across the country, police agencies have recently started to implement a new initiative to prevent crime: public shaming. In New Hampshire, those who are most commonly targeted for public shaming include defendants who have been convicted of DWIs, theft, and soliciting prostitutes.

It is the hope of law enforcement agencies that public shaming techniques will be effective in lowering the current crime rates, particularly with regards to DWIs and soliciting prostitutes. A nationwide survey of more than 200 different police departments discovered that most police officers believe that the most effective method of curbing prostitution is to target the actual customer. The most effective method of targeting a customer is through their fear of being exposed. The first question a person arrested for soliciting prostitution usually asks is “Will my coworkers find out?” or “Is my wife going to find out?”

How Military Personnel Can Be Affected by An NH DWI

For a New Hampshire civilian, DWI charges can be severe. If convicted of even a first time offense, the penalties you face include expensive monetary fines, probation, loss of your driver’s license, and potential jail time. If you are an active duty member of the Air Force, Navy, or Army who receives a DWI, the consequences you face become even more serious.

Officials within the United States military are actively cracking down on over-imbibing troops – both abroad and at home. Service members and addiction specialists state that driving while intoxicated and binge drinking remains as rampant as ever within the military. Unfortunately, the decision to drink too much is often accompanied by the decision to get behind the wheel of a car in an intoxicated state.

How Employers Can Use Your NH DWI Arrest and Conviction Record

New Hampshire’s current state laws bar potential employers from inquiring about annulled crimes, but otherwise, the use of criminal records is not limited.

Currently, there are an estimated 65 million adult Americans who have a criminal record, with DWI convictions being among the common types of charges. If you can count yourself among one of these number, then you could face an uphill battle in your search for gainful employment. Recent research has shown that the majority of employers – according to one survey, a whopping 92%- conduct criminal background checks when hiring for a new position. If a potential employer discovers that you have a DWI conviction or arrest on your record, it could make it significantly harder to find gainful employment in today’s tight job market.

Could the Future of New Hampshire DWIs Include 24/7 Sobriety Monitoring?

Lawmakers are always searching for new methods of strengthening New Hampshire’s DWI laws in an effort to continue discouraging drunk and drugged motorists from getting behind the wheel of an automobile. In November of 2013, the NHTSA (National Highway Traffic and Safety Administration) introduced a feasibility study that examined whether or not 24/7 sobriety monitoring programs should be required for repeat DWI offenders. The study stated that motorists with prior DUI and DWI convictions carried a significantly higher risk of future DWI arrest, in addition to involvement in both non-alcohol and alcohol related collisions.

A growing number of advocates believe that the only method for stopping repeat offenders is to ensure that they are abstaining completely from the use of alcohol. The NHTSA’s report identified six different methods for continual sobriety monitoring that are currently utilized throughout the United States. These methods are listed as follows:

New Hampshire, DWI Laws, & Speeding

Driving or operating a motor vehicle whilst under the influence of drugs or alcohol is considered a serious crime in our state. Without a doubt, driving while intoxicated is dangerous. In a 2011 report issued by the National Highway Traffic Safety Administration (NHTSA), it was discovered that 30% of all fatal traffic accidents nationwide involved alcohol in some form or fashion. Alcohol and drugs cause specific side effects that impair a motorist’s judgment, delay their reaction times, and affect their overall driving abilities. In a concentrated effort to discourage motorists from getting behind the wheel of their automobile after drinking, all 50 states have passed strict DWI laws, and New Hampshire’s DWI laws are among the harshest in the country.

In New Hampshire and other states, DWI charges become more severe when the motorist demonstrates additional factors which cause their offense to become even more reckless. The majority of these factors will constitute an aggravated DWI criminal charge. Several common factors that will frequently lead to an aggravated DWI charge include the following:

Montana Vs. Zimmerman: The Right to a Speedy DWI Trial

Our New Hampshire DWI defense lawyers understand that multiple, excessive delays on the part of the prosecution in a DWI case can cause our clients to experience increased uncertainty and anxiety. When facing criminal charges, it can become difficult for a client to maintain their current job or to find a new one. Of course, some delays cannot be avoided, but an unreasonable number of delays caused by a prosecutor could potentially constitute a violation of your legal right to a speedy trial.

A case recently arose out of Montana that perfectly demonstrates this concept. In the case of Montana v. Zimmerman, two police officers observed a pickup truck speeding down a local roadway and decided to initiate a traffic stop. After making initial physical contact with the motorist, one of the officers developed suspicions that the driver was intoxicated and consequently conducted a DWI investigation.

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.

How New Hampshire’s DWI Laws Measure Up to Those of Other States

Lawmakers and legislators in New Hampshire work diligently to ensure that our state maintains the most effective DWI laws available. In addition to ensuring that our laws cover multiple situations and are clear, the sentencing guidelines for such offenses are also frequently evaluated. An ideal sentence will deter recidivism by sufficiently punishing the perpetrator for their offense.

The National Highway Traffic Safety Administration (NHTSA) released a report this month that compares DWI criminal penalties from each of the 50 states, including Washington D.C. and Puerto Rico, with one another. The report examined multiple factors, which included the following:

How Does New Hampshire Define a Motor Vehicle For DWI Purposes?

The arrival of summer in the state of New Hampshire is also accompanied also by the arrival of lawnmowers, boats, all-terrain vehicles (ATVs), and bicycles. During the lazy days of summer, it is quite possible that you will spend a morning mowing your lawn and then choose to take your boat out on the lake for a relaxing afternoon jaunt. On the other hand, you might decide to head into the forest on your ATV or take a bike ride to enjoy some fresh air. While any of these options certainly sound relaxing, if you have been drinking, it could potentially lead to a DWI charge.

In the state of New Hampshire, pursuant to Title XXI, Chapter 265-A, it is classified as illegal to drive or attempt to operate an automobile in any manner or to operate an off road recreational vehicle (OHRV) while the motorist is under the influence of alcohol or drugs, particularly if the individual’s blood alcohol content is .08% or higher. If this individual is under the age of 21, then the allowed BAC levels drop down to .02%.

Discovering the True Cost of a New Hampshire DWI

Hands down, one of the most common questions we hear from new clients is, “How much is this DWI going to cost me?” Ultimately, the amount of money that you spend is going to depend upon quite a few variables. There is one thing that is an absolute certainty: a DWI conviction in New Hampshire is going to be pretty expensive. Today, we’re going to take a close look at a current list of all of the expenses associated with a New Hampshire DWI conviction – with an emphasis on how important it is to be represented by an experienced and skilled NH DWI attorney.

Naturally, the most effective method of avoiding the costs associated with a DWI is to avoid a conviction. The two most obvious methods of doing so are 1) avoiding the use of all alcohol when you know you’ll be operating a motor vehicle in the near future and 2) employing the use of a designated driver. Technically, it is not against New Hampshire state law to drink and drive, but if you choose to do so, you’re definitely opening yourself up to the possibility of arrest and conviction.

http://www.concordmonitor.com/news/12216419-95/ray-duckler-tis-the-season-to-have-fun-stay-safe

"So let’s turn to local DWI lawyer Dan Hynes, who laid out the damage for us: up to $5,000 for a lawyer; a $620 fine; about $1,000 for a DWI class, needed to get your license back; a spike in insurance premiums.

Want more? If you’re younger than 21, you lose your license for a year, minimum.

Remember, DWI is no longer merely a violation; it’s a crime."

The ever slow legislature, may finally allow hardship licenses for DWI. However, it does not take effect until 2016 (assuming it is passed), is only available to first time offenders, can only be available after serving 60 days without a license, requires the interlock device, SR-22, and requires court approval.

These are a lot of expensive and difficult things to do. It is better if you don't lose your license in the first place with a good DWI defense.

Here is the text of the bill: HB 496

AN ACT relative to driving privileges for certain first-time DWI offenders.

Be it Enacted by the Senate and House of Representatives in General Court convened:

Now that summer is upon us, police will be out in force doing sobriety checkpoints & roadblocks.

New Hampshire DWI Defenses: Sobriety Checkpoints and Drunk Driving Roadblocks

When a sobriety checkpoint is conducted, police officers establish temporary roadblocks to halt all motorists, or a percentage of these motorists, to search for drivers whose ability to operate a motor vehicle is impaired by drugs, alcohol, or “any substance whether available without a prescription or controlled.” If you or someone you know has been arrested for driving while intoxicated arising from a sobriety checkpoint, then you more than likely have a number of questions to ask.