Know the Different Levels of Alcohol Intoxication

Each year, thousands of New Hampshire citizens choose to consume alcohol and then get behind the wheel of their vehicles. The unfortunate reality is that only a tiny percentage of intoxicated motorists are actually caught by law enforcement officials.

Although it is fairly common knowledge that the legal limit for operating a motor vehicle in our state is .08%, many motorists are unaware of what this limit indicates and what the physical symptoms and signs of impairment are.

Odor of Alcohol Laws In New Hampshire – How to Defend Your DWI Charge

Police Report: “I approached the automobile on the driver’s side and immediately smelled a strong odor of alcohol emanating from the driver.”

There are certain things in life that are guaranteed. The sun will always rise in the morning. Taxes must be paid every year. Everyone will die at some point, and almost every single DWI report in New Hampshire is going to contain a damning statement from the arresting officer that they “detected the odor of alcohol” either coming from the interior of the automobile or directly from the motorist themselves. It is guaranteed that taxes, death, and your NH DWI report repeatedly resounding the phrase “odor of alcohol” are a certainty.

Can Hiring a New Hampshire DWI Attorney Save You Money?

For most New Hampshire motorists, their primary concern when hiring a DWI attorney is whether or not the reduction in monetary fines (and other associated penalties) is worth the lawyer’s fees. A portion of this decision is personal. If you wish to have an experienced hand guide you through the process or are fearful of appearing in a New Hampshire courtroom, then the legal expertise a lawyer provides is invaluable. To borrow a catchphrase from the retail industry, the quality of your legal representation will often be remembered long after the initial price has been forgotten.

Know the Monetary Fines Associated With a DWI Conviction

What Is New Hampshire’s IDCMP?

IDCMP stands for Impaired Driver Care Management Program. Due to recent changes in New Hampshire’s drunk driving statutes, a person who is convicted of driving while intoxicated is now required to participate and attend a state approved IDCMP program. First, the participant will be screened and evaluated to determine if an alcohol abuse disorder exists. He or she will then be required to participate in treatment programs and recovery support services. Furthermore, the defendant must participate in a minimum of 20 hours of alcohol education and awareness classes; however, the number could be depending upon the recommendations of the IDCM program director.

First Offense Requirements

How Can A Previous DWI Arrest Affect My New DWI Charge?

To calculate how any prior DWI arrests and convictions you might have can affect your current DWI arrest, it is imperative to understand how the “look back” period works. The look back period is so named because it refers to the period of time that a prior DWI offense stays on a motorist’s driving record and criminal history. If a motorist commits an additional DWI offense while the look back period is still in effect, then their prior conviction can be utilized by a prosecutor to enhance the criminal penalties meted out if the defendant is convicted. For example, in New Hampshire, a motorist who commits a second DWI offense while their look back period is in effect will be required to have an ignition interlock device installed in their vehicle for a minimum of one year in order to have their driver’s license reinstated.

 Look back laws vary from one state to the next. The shortest look back periods are only five years. The longest look back periods last a lifetime (such as in MA). The average look back period is 10 years. In the state of New Hampshire, the look back period is 10 years.

In NH you will get the interlock device for aggravated DWI, subsequent offense, or if the DMV decides to order you to have one if convicted of DWI.

Federal Initiative For Ignition Interlock Devices Launches

The National Highway Traffic and Safety Administration is the driving force behind a new federal initiative to require ignition interlock devices for all DWI offenders – including first time offenders.

Learn What to Expect From Your New Hampshire DWI Lawyer

If you are facing serious criminal charges that could result in jail time, it is imperative for you to have the best New Hampshire criminal defense attorney fighting on your behalf.

If you are facing the possibility of spending time in prison or other considerable criminal penalties, you need qualified and experienced legal representation. The New Hampshire legal system is designed in such a manner that, unless you possess legal experience and a high IQ, then representing yourself in criminal matters is nigh unto impossible. No two criminal cases are exactly alike. A criminal defense attorney is specifically trained to identify and analyze the specific facts of a case that make it unique. Moreover, an experienced defense lawyer can isolate certain factors and arguments that could negate or even mitigate any potential crime. At the end of the day, hiring a defense attorney to represent you in a criminal trial is a necessity.

I don't often post non DWI related posts, but after watching part of the video of a judge abusing his child, I decided to post this. Be warned if you watch the video it is graphic.

http://gawker.com/the-south-texas-judge-who-was-caught-on-camera-beating-1537486363

A Texas judge who severely beat his disabled daughter with a belt lost being re-elected. Not sure why the judge wasn't prosecuted for felony abuse or removed from office by the judicial committee, but at least the voters threw him out. People can't have faith in the justice system when a judge like that remains on the bench. I hope he didn't deal with any criminal cases or family law/ child custody cases. He clearly was an unfit parent and a child abuser based upon the video alone. Who knows what else he did.

http://gawker.com/police-indicted-after-secret-dashboard-camera-video-sur-1531147800

"New Jersey prosecutors abruptly dropped charges against a 30-year-old man facing years in prison after a previously undisclosed dash cam video surfaced depicting the responding police officers breaking several laws."

The Prosecutors previously offered him a plea deal of 5 years in jail.

"But they dropped the charges when they saw a second video from another police vehicle that struck Jeter's car. The camera on that vehicle shows the officers break the window of Jeter's car, punch him in the head, and drag him out — all while he had his hands in the air."

This type of thing probably happens all the time. It is incredibly difficult to show trusted police are lying.If this video didn't exist, an innocent person would have likely have been sent to jail for a long period of time.

http://news.yahoo.com/army-removes-588-troops-sensitive-jobs-205841779--politics.html

"The Army removed 588 soldiers from sensitive jobs such as sexual assault counselors and recruiters after finding they had committed infractions such as sexual assault, child abuse and drunken driving, officials said Wednesday."

"he move resulted from orders by Defense Secretary Chuck Hagel last year that all the services review the qualifications of people holding those jobs as part of an effort to stem a rising number of sexual assaults in the military.

The Army said it reviewed the qualifications and records of 20,000 soldiers and found 588 unsuitable for their jobs as recruiters, drill sergeants, training school instructors and staff of sexual assault prevention and response programs. The Army said in a statement that 79 soldiers are leaving the service and "others could face further actions from their commands." The statement did not say whether the 79 are leaving voluntarily."

If you are charged with DWI, be aware that a conviction if you are in the armed services can have a negative impact on your career. If you intend on joining the military, it could prevent you from entering. Some branches are tougher than others. It is best to not be found guilty of DWI in the first place.

http://news.yahoo.com/blogs/oddnews/man-blows-0-00-on-breathalyzer--gets-arrested-for-dwi-003450614.html

"Texas resident Larry Davis ran either a red light or stop sign (reports vary) in his Buick in the city of Austin. Despite his insistence that he had had only one drink, he was put in handcuffs and arrested for driving while intoxicated. Then, when he was given a Breathalyzer test by the AustinPolice Department, he blew a 0.00"

"Mr. Davis agreed to give a blood sample as well, to prove he was not under the influence of any drugs or alcohol. The results would later come back 100% negative."

"The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he “swayed,” and “needed his arms for balance.”"

Based upon police standards, he would have failed the one leg stand test. It is fortunate that he gave a breath test and a blood test to prove his innocence. In New Hampshire, if you refuse either test it will be used against you in Court as a sign of guilt. A combination of refusal and failing a field sobriety test can be enough for a judge to find you guilty of DWI. It is unfortunate that innocent people are arrested and convicted of DWI. Hire the right DWI lawyer to get the best chance of being found not guilty.

For years I have accepted credit cards and even bartered services for things such as firearms. In order to let more clients pay with a system they are comfortable with, I now accept Bitcoin as payment. For those not familiar with bitcoin, the best way I can describe it that it is a virtual currency. People like it for various reasons including those related to inflation, convenience, low merchant fees, and anonymity. I am not sure if bitcoin has any sort of installment/recurring payments, but as of now, Attorney Hynes accepts bitcoin for payment.

DUI Defenses In New Hampshire

When a motorist is charged with a DWI offense in New Hampshire, they are presented with several options for dealing with the charges. The first option is to plead guilty. If an individual charged with a DWI chooses to plead guilty, it is left to the discretion of the judge to determine the specific penalties that should be meted out to the defendant. The results are often harsh. There is nothing to prevent a judge from handing down the maximum.

The second option is to plead not guilty. When a defendant opts to plead not guilty, their case goes to trial. However, this does not necessarily mean that a defendant will see the inside of a courtroom. When the initial plea of not guilty is entered, the defendant has, at any time, the right to change their mind. Most NH DWI lawyers initially advise their clients to plead not guilty in order to gain more time to review the facts of the case and the evidence.

Multiple UNH Students Arrested For DWI Following “Snow Day” Parties

Partying took place in multiple locations across the campus of the University of New Hampshire on Tuesday, February 5^th, in anticipation of a predicted snow day for Wednesday. According to Durham police, this led to a total of 7 alcohol related arrests. Although the UNH campus is usually relatively quiet, Durham police believe that the early announcement that classes were to be cancelled for the following day gave some students cause to celebrate.

Deputy Chief Rene Kelley stated: “Because the university announced very early that there were no classes (Wednesday), it seems a number of young people took the opportunity to create disturbances.”

What’s Really At Stake In a DWI Arrest

The consequences of a DWI arrest and conviction begin within the courtroom and extend across the rest of your life. Take a look at what is really at stake when you must confront NH DWI charges:

Your Freedom

New Hampshire House Passes New Bill For First Offense DWI Convictions

On January 29^th, 2014, the NH House of Representatives passed Bill HB 496 by a voice vote. This new bill now authorizes defendants convicted of a first time DWI offense to receive a limited license. If their application is approved, then they will be legally allowed to drive to rehabilitation, to and from work, and to receive medical services of treatment.

Under the new HB 496 law, in order to receive a temporary driver’s license, convicted motorists will be required to pay a monetary application fee of $50.00 and to petition a New Hampshire judge. If their request is approved, then the motorist is mandated, at their own expense, to have an ignition interlock device installed in any motor vehicle they drive.

Police don't need to give you Miranda warnings. Unless, you are in custody and interrogated.

Many people know about Miranda warnings from watching tv shows like Cops. Many people also do not understand what the warnings are, or when they have to be given.

http://news.yahoo.com/common-misunderstandings-miranda-warnings-100225833.html

"

First, there isn’t one official Miranda warning that is read to a suspect by a police officer. Each state determines how their law enforcement officers issue the warning. The Supreme Court requires that person is told about their right to silence, their right to a lawyer (including a public defender), their ability to waive their Miranda rights, and that what they tell investigators under questioning, after their detention, can be used in court.

Probable Cause & What It Means For Your DWI Case

What is it that separates third world police states from the United States of America? The answer can be summed up in two words: probable cause. Plainly stated, this is what prevents law enforcement officials from investigating or detaining American citizens without a solid reason. Police officers are required to possess “reasonable suspicion” that an illegal act has or is occurring before a suspect can be questioned. For example, if an officer observed an individual from a different ethnic background operating a motor vehicle, the motorist cannot be pulled over for the color of their skin. The officer must witness the individual committing an illegal act, like driving without a license plate or speeding. In short, New Hampshire motorists cannot be pulled over by police unless the officers have a rational explanation.

In a similar fashion, let’s say that a witness called a local police station stating that they had observed an automobile being driven erratically. On the basis of this tip, law enforcement officials decide to go searching for a vehicle that matches the description they were provided. The police officer cannot pull over that vehicle simply because they were able to locate it. They must observe the motorist driving the vehicle actually committing a criminal offense.

Manchester Teen Charged With Aggravated DWI, Transportation of Alcohol

A Manchester teenager entered an innocent plea on January 2^nd, 2014 in the Manchester District Division Circuit Court after being charged with an aggravated DWI, unlawful possession, illegal transportation of alcoholic beverages by a minor, and allowing an unauthorized individual to operate a motor vehicle.

Manchester police officers stated that Sean M, 18 years of age, was operating a motor vehicle on December 14^th, 2013 before 2 a.m. along Dubuque Street while having a BAC of .02% or higher, in addition to having a passenger in the vehicle who was under 16 years of age. Furthermore, Seab has been charged with unlawful possession of alcohol by a minor, unlawful transportation of alcohol by a minor, and with allowing his 14 year old companion to illegally drive his SUV on New Hampshire roadways.

Could the Future of DWI Testing Lie In Swab Tests?

Law enforcement officials in the state of California are about to begin employing a newer technology in 2014 in an effort to identify, arrest, and prosecute intoxicated motorists. NBC Los Angeles has reported that a government grant within California is enabling law enforcement officials to increase their usage of swab tests at DWI/DUI checkpoints and in jails test suspects for the existence of alcohol and drugs in their bloodstream. Police officers in California have recently observed an increase in the amount of motorists who operate automobiles under the influence of drugs, including marijuana. Just like in the state of New Hampshire, a motorist who drives an automobile while under the influence of prescription, illegal, or over the counter medications can be charged with a DWI within California.

With the number of active motorists impaired by drugs higher than ever, law enforcement officials have deemed a need to be able to prosecute and recognize such motorists. The use of a swab test is quickly being recognized as a simple and fast method for police officers to determine if drugs are present in a person’s system. This test works by having an absorbent cotton swab placed in the suspect’s mouth. A saliva sample is absorbed in the swab, and then it is removed from the mouth. The sample is then conveyed to a laboratory where it is compared with known samples of popular drugs to determine if these substances were in the suspect’s mouth. The notion behind this idea is that an individual who consumes drugs possesses traces of drugs within their body that can be identified through the saliva.