Daniel Hynes

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Do this after arrested for DWI

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


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.

If you decide to take your case to trial, there are several components of a superior defense that you should be aware of. The district attorney who brings the charges against you will attempt to do everything in their power to win their case. A particular aspect of the case is to offer concrete evidence that you were operating a motor vehicle while under the influence of alcohol. It is the job of your DWI lawyer to disprove the evidence the prosecuting attorney presents throughout the course of the case.

Hiring a New Hampshire DWI Lawyer

DWI offenders should always consult with and employ the services of a DWI lawyer to represent them during their case. An experienced DWI attorney can review your case and advise you of the different possible outcomes. Moreover, they will be able to provide you with an estimate of the probability of conviction and whether or not it will be in your best interest to accept a plea bargain, plead guilty to the charges against you, or attempt to have the charges against you dropped by taking your case to trial.

Even if you plan to plead guilty right out of the gate, it will be in your best interest to consult with an experienced NH DWI lawyer. Before pleading guilty, a DWI attorney can review your case, ensure that you understand all of the potential consequences you face by pleading guilty, and advise you of the best course of action. Even if you elect not to hire an attorney, the consultation should be viewed as an investment in your future. It is entirely possible that, in reviewing your case, your lawyer may find technicalities that can be used to have your case dismissed or negotiate a plea bargain.

An NH DWI Lawyer Will Review Your Case For Any Potential Problems

When your DWI attorney reviews your specific case, he or she will examine your specific case to seek out any flaws in the procedures the arresting officer followed, in addition to any evidence the prosecution might have missed. Much of the case against you will be directly related to the police officer who arrested you. For example, if he or she failed to follow proper protocol or procedure, then it is possible to have your case dismissed on a technicality. This is why it is imperative for defendants who are arrested for DWI to have their case reviewed.

There are two primary reasons why your DWI case could be dismissed:

1.       There is no probable cause. The arresting police officer must possess probable cause in order to pull you over for a DWI arrest. If they do not have a valid reason for pulling your over (e.g. you were not breaking any traffic laws), this is referred to as profiling. Profiling occurs when issues of age, social status, race, etc. are involved. In most instances involving profiling, the case is thrown out of court.

2.       Your Miranda rights were not read to you after you were arrested. If the arresting officer did not read your Miranda rights to you fully after you were arrested and taken into custody, this presents a problem for their case. The legitimacy of the arrest is called into question and could lead to a dismissal of all charges.

An Experienced NH DWI Lawyer May Be Able to Have Your Charges Reduced

Another important reason why you should seek legal counsel for your DWI arrest is that there exists a possibility that plea bargaining could be used to reduce the charges against you to something less serious. For example, it might be possible to have your DWI charges to wet reckless or reckless driving. This is an attractive prospect because a reckless driving or wet reckless conviction is accompanied by significantly less serious consequences than the ones associated with a DWI. New Hampshire is one of many states that allows plea bargaining when it comes to DWI charges.

What Is Wet Reckless?

Simply defined, wet reckless means that you are being charged with reckless driving wherein alcohol was involved. This type of charge is more serious than a reckless driving charge, but it is significantly less serious than a DWI charge. It is most commonly allowed for first time offenders, those who have superior legal representation, and in cases where the prosecution believes that there are flaws in their evidence.

If you have been arrested and charged with a DWI in the state of New Hampshire, contact our law offices today to speak with one of our experienced NH DWI lawyers.

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Guest Wednesday, 06 July 2022