Law & Information

All is not lost if you submit to and fail a post-arrest breath test. While the evidence may seem relatively clear at the time, it is important to remember that a variety of factors can lead to inaccurate results. Regardless of your situation, it is imperative that you retain the services of a skilled criminal defense attorney that will help sort through the details of your arrest.

First of all, proper police procedure must always be followed. That is, all individuals that are stopped under suspicion of driving while intoxicated have to be made aware of their rights concerning a breath test. Arresting officers need to explain the individual’s right to refuse to a breath test, but must also inform the individual of the penalty associated with doing so. Furthermore, an arresting officer must first observe an individual prior to administering a breath test, and even after doing so, must properly administer the test. Results from breath tests need to be accurate also. If an intoxilyzer is not properly maintained or calibrated correctly, then test results may be inaccurate. Furthermore, the machine’s margin of error needs to be taken into consideration as well.

Failing a breath test will result in an administrative license suspension (ALS), but a hearing with the Department of Safety may be requested within 30 days of its issuance, or within 30 days of the individual’s arrest. Any information pertaining to improper procedure or inaccurate test results could result in a reversal of the suspension, as well as having your charges dropped. Specifically, use of an uncertified intoxilyzer, use of an improperly maintained intoxilyzer, a test having been administered by an unlicensed officer, or questionable test results are all circumstances that can reverse an ALS.

While New Hampshire law does allow prosecutors to charge a driver with a “per se DWI” for driving with an BAC greater than the legal limit, margin of error and other factors need to be taken into consideration on an individual basis to truly determine whether or not BAC was in fact higher than is permitted by law. In any event, it is important to have a skilled New Hampshire DWI defense attorney on your side to help mount a strong defense on your behalf.

If you have recently failed a breath test and have been charged with DWI, do not hesitate to contact an experienced criminal defense attorney at Tenn And Tenn, P.A. for more information on your legal rights. We have assisted many individuals facing DWI charges and are prepared to help you as well. Call us today at 1-888-511-1010 for a free telephone consultation.

Most people are under the assumption that it is perfectly acceptable to refuse to submit to an alcohol breath test, and that there aren’t any repercussions in doing so. However, while an individual is not necessarily deemed guilty in refusing a test, that individual is subject to certain initial mandatory punishment regardless of whether or not they were truly under the influence of drugs or alcohol while operating a motor vehicle.

An Administrative License Suspension in New Hampshire is imposed by the Department of Safety, and is automatic upon refusal to submit to any kind of post-arrest sobriety testing, including breath, blood, or urine. If an individual has no previous DUI offenses or sobriety test refusals on his or her record, then the suspension will only be for a period of six months. However, if an individual has either a previous DUI offense or test refusal on his or her record, then the suspension period more than doubles to two years. Also noteworthy is that an ALS does not run concurrently to other suspension sentencing, but consecutively, or in addition to, in the case of a refusal. Therefore, any suspension sentencing imposed by the court will not take the place of an ALS, but will be added to it instead.

An ALS can be challenged, but a petition needs to be filed with the Department of Safety within 30 days of your arrest or 30 days of your ALS issuance. Once a petition is filed, a hearing date will be determined. It is always a wise idea to retain the services of an experienced DUI defense attorney to help petition on your behalf. In all matters pertaining to DUI, a skilled criminal defense attorney is an individual’s best bet at mounting the strongest possible defense given the circumstances of the case. Remember, if you refuse to submit to a sobriety test, that refusal can be used against you in a court of law as evidence of probable guilt. This is why it is critical to make sure that you have someone on your side that will aggressively fight the charges, ensuring that your rights are not infringed upon.

If you have been charged with DUI, or would like more information about ALS, please contact the knowledgeable New Hampshire DUI defense lawyers at Tenn And Tenn, P.A. Our attorneys can assist you with all DUI matters, and will even provide you with a free telephone consultation to start things out. Call us today at 1-888-511-1010.

The State of New Hampshire recently purchased a $500,000 DWI Mobile Command Center which it uses at DWI road blocks throughout the State. The half-million dollar DWI Mobile Command Center was purchased to assist law enforcement in the rapid processing of individuals suspected of driving while impaired. In 2009, thousands of New Hampshire citizens will be stopped at police road blocks and questioned. Approximately 99% of the citizens who are seized and subjected to questioning by the police in these road blocks have committed no crime and have done nothing wrong to warrant being stopped.

New Hampshire police departments are receiving Federal grant money to conduct “sobriety check points” or DWI road blocks. New Hampshire law enforcement agencies argue that these DWI road blocks serve the dual purpose of detection and deterrence and, that despite the low number of arrests that are produced at these road blocks, they are an effective law enforcement tool in cracking down on impaired driving.

Unfortunately for New Hampshire citizens and visitors to our great State, the fact remains that DWI road blocks net very few impaired drivers. In 2008, DWI road blocks seized approximately 8,600 drivers and produced only 53 arrests for DWI. Comparing the low number of DWI arrests against the volumes of people stopped and detained at DWI road blocks, reveals the questionable effectiveness of the DWI road blocks.

If you or a loved one is being charged with a DWI crime, do not hesitate to contact the New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DWI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.

The New Hampshire Department of Safety recently sponsored a bill that would have abolished the right of New Hampshire citizens to an independent breath test in DWI cases. House Bill 363, sought to remove an individual’s rights to obtain a sample of his or her own breath for independent testing at their own choosing.

The New Hampshire Senate Judiciary Committee votes 5-0 against HB 363. In so doing, individuals who submit to a breath test in a DWI case will still be provided a sample of their breath for independent testing and analysis.

If you or a loved one is being charged with a DWI crime, do not hesitate to contact the skilled New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DWI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.

A preliminary breath test (PBT) is a small handheld breath testing device used by police officers to determine whether or not to arrest a person for DUI. In New Hampshire, the PBT used is the Intoxilyzer S-D5. Typically, the PBT is administered following field sobriety tests. Based upon a motorist’s performance of field sobriety tests and the results of the PBT, a police officer makes a determination to arrest or release the driver.

This preliminary breath testing device employs fuel cell technology that is not specific for ethyl alcohol. Some foods, medication and even non-alcoholic drinks may contain traces of alcohol which may produce a positive reading on the PBT. Moreover, the PBT cannot be adjusted for a person’s actual blood-to-breath ratio, body temperature, or gender. In addition, it does not have a “slope detector” to rule out errors caused by mouth alcohol and other interferents. And, when the AA batteries run low, results may vary. Despite its shortcoming, failure rate and inherent errors, the PBT, it is used by police as a “screening” device when making their DUI arrest decisions.

If you or a loved one is being charged with a DUI crime, do not hesitate to contact the experienced New Hampshire DUI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DUI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.

In May of 2009, our client Drew was operating his motor vehicle in Allenstown, New Hampshire where he came upon a “sobriety check point”, otherwise known as a DWI road block. Although Drew was not operating his motor vehicle in erratic or improper fashion, he was promptly stopped by the police and asked for his license and registration and whether he had been drinking that evening. Drew was honest with the officer and admitted to consuming a few drinks earlier in the evening. Drew was immediately asked to step from his vehicle and perform field sobriety tests on the side of the road.

The arresting officer administered DWI field sobriety tests including the Horizontal Gaze Nastagmus, One Leg Stand, and Walk And Turn tests. Drew passed the Walk And Turn test and the One Leg Stand test. However, the arresting officer believed that Drew failed the Horizontal Gaze Nastagmus test (a test where you are asked to follow a stimulus with your eyes from the right and to the left). Drew was then arrested and charged with DWI.

Drew was brought into the DWI Mobile Command Center and asked to submit to a breath test on an Intoxillyzer machine. Believing in his innocence, Drew submitted to a breath test which revealed a result beyond the prima fascia limit of .08 blood alcohol content (BAC). Drew retained Tenn And Tenn, P.A. to defend him against the DWI charges filed against him by the State of New Hampshire. His breath samples were immediately forwarded to and independent laboratory for testing. CG Labs, Inc.’s analysis revealed errors with the Intoxillyzer, and/or the operation of that machine by the State’s certified intoxillyzer operator. These errors were immediately brought to the attention of the prosecutor. Nonetheless, the State proceeded with prosecuting Drew for Driving While Impaired.

Attorney Tenn challenged the State at the Administrative License Suspension Hearing at the Department of Safety, Division of Motor Vehicles, and argued that there was no reasonable basis for his arrest. Attorney Tenn also argued that the Intoxillyzer machine in the DWI Mobile Command Center was not operating properly as demonstrated by the independent test results from CG Labs, Inc.

Following two (2) days of testimony, the Hearings Examiner ruled that the State was not able to meet its burden of persuasion that the officer had reasonable grounds for the arrest. Drew’s license to drive and CDL license were immediately restored. Thereafter, the Prosecutor’s office dismissed all DWI charges against Drew.

If you or a loved one is being charged with a DWI crime, do not hesitate to contact the New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DWI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.

New Hampshire’s DUI Mobile Command Unit is advertised as a great aid in the fight against drunk driving. The Command Unit includes blood-testing and fingerprinting machines, holding cells for individuals found to have been driving under the influence, and even room for a bail bondsman. The Command Unit is designed to quickly process alleged drunk drivers at sobriety checkpoints.

The $500,000 DUI Mobile Command Unit was made possible by funding from the National Highway Traffic and Safety Administration, with the price of gasoline being the only operating cost that local law enforcement agencies are responsible for. The Mobile Command Unit is under the jurisdiction of the Bureau of Liquor Enforcement. The Mobile Unit’s purpose is threefold: to promote public safety, to protect public health, and to generate revenue that will further help curb drunk driving.

In addition to helping remove impaired drivers from the road, the DUI Mobile Command Unit is also used to present educational programs throughout the state, warning of the dangers of drunk driving. According to the coordinator of the New Hampshire Highway Safety Agency, driving under the influence “is without a doubt the worst problem we have on our highways. Thirty percent of all fatalities on our highways are related to drunk driving.”

Whether or not the NH DUI Mobile Command Unit serves its purported goals is yet to be seen. In the event that you are accused of driving under the influence, possibly having been processed at the DUI Mobile Command Unit, you’ll need a skilled DUI attorney in New Hampshire on your side to help sort through the details of your case and provide you with the strongest defense possible. Please contact a knowledgeable New Hampshire drunk driving defense lawyer at Tenn And Tenn, P.A. for a free telephone consultation. Call us today at 1-888-511-1010.

Source Article: http://forum.nhliberty.org/index.php?topic=525.0

Being charged with driving while under the influence of alcohol or drugs is no laughing matter. However, are all individuals accused of driving under the influence truly guilty? The question is a significant one, and should have a simple, clear-cut answer. However, when you factor in human tendency for error, the answer becomes relatively clouded, and the line between sober and impaired can often be quite blurred.

Roadside devices used to determine an individual’s blood alcohol content (BAC) level are commonly administered by officers who believe that the individual is operating a motor vehicle while driving under the influence. However, it is critical that officers are properly trained in order to provide the most accurate results in making such a life-altering determination. That is, officers must be properly trained to use a Preliminary Breath Test (PBT) device. The officers must be capable and skilled in handling and using such a device and must be familiar with its limitations. Finally, the officer must inform the individual being tested that refusal to submit to the PBT does not mean that the individual will not be required to take an additional test to determine BAC level after that individual has been arrested on suspicion of driving while intoxicated.

As we all know, machines and electronic devices are not always accurate, especially when they are not used properly. This holds true for a PBT, which simply stated, is a battery operated hand-held device. Consequently, many people believe that results stemming from preliminary breath tests should not be admissible in a court of law. Aside from inherent machine error, improper procedure in administering a Preliminary Breath Test (PBT) can be argued that the results of said test are not accurate, and therefore not admissible in court.

In the event that you are accused of driving while under the influence, it is important to have a criminal defense lawyer on your side that will examine every detail of your arrest to determine if proper procedure took place. At Tenn And Tenn, P.A., our skilled DWI New Hampshire defense attorneys will provide you with the strongest defense possible given the circumstances of your case. Call us today at 1-888-511-1010 for a free telephone consultation, and one of our knowledgeable DUI defense lawyers will answer any questions you may have.

Maine’s Senate recently defeated a proposed mandatory helmet law according to an article, thus keeping the state one of 26 that have partial helmet laws. Unlike New Hampshire, Maine’s law covers riders 17 and younger.

The controversy over the proposed Maine law brings to mind the primary arguments for stricter helmet legislation. Motorcyclists who ride without helmets are at substantial risk for head injuries, including traumatic brain injury. Un-helmeted motorcyclists can rack up millions of dollars in medical expenses, including surgery, rehabilitations, disability payments, and aftercare. Statistics point to a significant increase in safety with the use of a proper motorcycle helmet: un-helmeted riders are up to 40 percent more likely to die in a crash and three times more likely to suffer from brain injuries, including traumatic brain injury. However, advocates of lax helmet laws point out that not all riders crash and that wearing a helmet should be a personal choice.

Many motorcyclists assume that just because they are wearing a helmet, they are exempt from injury. This is not so, as a recent client’s ordeal proves. This client was struck by a driver who was rushing to beat a traffic light and suffered traumatic brain injury in New Hampshire so severe that he had to undergo speech therapy and physical therapy for more than eight months. We were able to help him get the compensation he deserves that he would have deserved whether or not he were wearing a helmet.

If you ride your motorcycle in Maine, be sure to follow Maine’s laws for children under the age of 18. And consider wearing a helmet no matter where you ride. If you or a loved one “helmeted or un-helmeted” has been injured in a motorcycle crash, you have legal rights.

Contact the experienced New Hampshire motorcycle accident attorneys at Tenn And Tenn, P.A. today by calling 1-888-511-1010 for more information on our track record and a free, confidential case consultation.

According to a recent article from MSN.com’s “Money” section, driving under the influence is more expensive than one would ever imagine. Aside from New Hampshire DUI fines and bail costs, there are a variety of other factors that should be taken into consideration before you get behind the wheel of an automobile while under the influence of alcohol or drugs. And keep in mind that these fees exclude damages that would need to be paid in the event that property damage or injury to another person is involved.

MSN points to different fees that can add up to exorbitant amounts in the blink of an eye.

Immediate fees:

• Bail - the typical cost ranges anywhere from $150-$2,500, depending on whether or not a bonding company, which makes it more expensive, is used
• Towing - the typical cost ranges anywhere from $100-$1,200, depending on which city you are in and how expensive their fees are
• Insurance - insurance premiums can go up by as much as $4,500 in the long run, and render your status with insurance companies as “high-risk” for as many as eight years
• Legal Fees - can typically range anywhere from $2,000 to $25,000, depending on how in depth your defense is (i.e. experts and investigators brought onto the case to help discredit incriminating evidence can cost thousands of dollars in and of themselves)
• Fines - can range anywhere from $300 to $1,200, depending on the state in which the offense takes place
• Alcohol evaluation - about $200, and is required of anyone who has been sentenced for drunken driving
• Alcohol education and treatment - considered a requirement for getting one’s license back, and can be as little as $150 and as high as $2,000, depending on the scope of treatment
• License reinstatement fees - once necessary alcohol education classes have been taken, a fee of anywhere from $95-$250 must be paid to the state to revalidate your license

Longer-lasting fees and effects:

• Life-insurance-premium increases - insurance companies can increase your monthly premium for a variety of different reasons, and reckless driving resulting in license suspension is one of them
• Lost wages - DUI convictions do not accommodate your work schedule, and often times take a person away from work, consequently depleting the amount of income earned and greatly affecting a person’s financial stability in the long run
• License suspension - this can affect a person anywhere from 90 days up to a year or more, and can seriously inhibit a person from commuting to and from a job everyday, which can lead to tardiness, absenteeism, or even eventual termination
• DUI stigma - professional licenses can be lost depending on the severity of the DUI conviction, which can ultimately lead to loss of job or suspension; even new employers with no prior knowledge of your DUI conviction will find such a conviction on your permanent record, which could ultimately deter them from hiring you.

If you or a loved one is being charged with a DUI crime, do not hesitate to contact the skilled New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DUI and will provide you the strongest defense possible. Please call us today for a free consultation at 1-888-511-1010.