Articles Posted in DUI/DWI Arrest

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Being arrested for Driving While Intoxicated (DWI) in New Hampshire—especially a motorcycle DWI—can be very confusing and overwhelming, but what happens after you have been arrested? What does the state need to prove its case against you in court in a motorcycle DWI arrest? New Hampshire criminal defense attorneys Tenn And Tenn, PA explain.motorcycle-pulled-over-by-police-300x200

Motorcycle DWI Evidence Presented in a New Hampshire Court

There is certain evidence that is gathered and presented to the New Hampshire court when the state is trying to prove its case against you after you have been arrested for a motorcycle DWI. The evidence generally falls into five different categories.

  • Driving symptoms or observed driving patterns;
  • Personal behavior and appearance;
  • Field sobriety tests;
  • Incriminating statements; and
  • Chemical tests.

Observed Driving Patterns, Personal Behavior, & Incriminating Statements

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When you are arrested for a DUI/DWI in the State of New Hampshire you have requirements that must be performed after your initial arrest. After being arrested, you typically required to do a blood or breath test, typically at a police station without any right to speak with a DUI attorney. At that point, after being charged with a DUI in New Hampshire, you face two battles:dui-charges-300x169

  • Criminal prosecution in state court; and
  • The potential administrative suspension of your driver’s license.

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A dump truck driver was charged with driving while intoxicated in Stratham, New Hampshire when he crashed his truck. His rig plowed through guardrails and signs, as he was trying to navigate around Stratham Traffic Circle, causing the vehicle to tip over onto its side spilling a load of sand on the roadway. The truck sustained damage, but the driver was able to climb out of a window without injury. There were no injuries caused in this crash.dwi-arrest-1-300x225

DWI and Professional Licenses in New Hampshire

A DWI can have a monumental impact on a person’s life. Multiple penalties are possible, including steep fines, loss of your driver’s license, and jail time. Moreover, a DWI arrest can affect your livelihood by potentially putting your professional license, a license required for you to do your job, in jeopardy.

A professional license, for a teacher, doctor, lawyer, or even a commercial driver may all be revoked if convicted of a DWI. There are several different types of professional licenses and New Hampshire laws to govern each one. A few types of professional licenses are discussed below.

Physician and Nurse Professional License

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Earlier this month, the Brentwood, New Hampshire Fire Chief, Bill Campbell was arrested for allegedly driving under the influence. The arrest took place in Fremont after his pickup truck crossed the center line on Route 107. He hit another vehicle before ultimately striking a telephone pole and coming to a stop on the side of his vehicle.duiimages

Campbell, also employed as a full-time fire lieutenant in Nashua, has been placed on unpaid leave as fire chief in Brentwood and paid leave from the fire department in Nashua. Campbell waived arraignment and entered a not guilty plea in Brentwood Circuit Court.

Detecting a Drunk Driver in New Hampshire

There are three phases in the DUI/DWI detection process that New Hampshire law enforcement use in the determination of whether or not an individual should be arrested for driving while intoxicated:

  • Phase One – Vehicle in Motion;
  • Phase Two – Personal Contact; and
  • Phase Three – Pre ‐arrest Screening

When a traffic accident occurs, officers will then begin with the personal contact phase once they arrive on the scene of the accident. The officers will use “cues” during the personal contact to determine whether or not they should advance to the pre-arrest screening phase. When an accident has been caused by an individual who is suspected to be under the influence of drugs or alcohol, the accused individual may face an elevated DWI charge called an “Aggravated DWI.” “Aggravating factors include:

  • Driving at or above 30 miles per hour in excess of the posted speed limit;
  • Causing a motor vehicle accident that resulted in serious bodily injury to yourself or someone else (which can elevate the charge of aggravated DWI to a felony-level offense);
  • An attempt to flee or hide from the police;
  • Traveling with a passenger in the car whom is less than 16 years old; and
  • Operating a vehicle with an alcohol concentration of over .16.”

Immediate and Long-Term Penalties of a DWI Conviction

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Being arrested for Driving While Intoxicated (DWI) in New Hampshire can have many steep potential penalties. Perhaps higher penalties than the accused DWI driver ever expected. Like any criminal charge, the penalties will speak to the severity of the situation, a regular DWI charge will, of course, be a lesser charge than an Aggravated DWI especially if one or more children under the age of 16 are present in the vehicle when arrested. If you also have the unfortunate circumstance to be going through a custody battle at the time of your arrest your chances at obtaining custody may diminish.DWI-with-child-300x150

Aggravated DWI in New Hampshire

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Hudson law enforcement say that a Nashua, New Hampshire man has been arrested for drunk driving charges after he rear-ended another vehicle at a high rate of speed. Police were called to Lowell Road, in Hudson, around 5:30 p.m. in response to a two-car accident. A 2018 Toyota Camry rear-ended a 2018 Subaru Impreza as it was traveling as it was heading north on Lowell Road at a high rate of speed.dwi-arrest-300x225

Both the driver and the passenger in the Subaru were transported to St. Joseph’s Hospital to treat minor injuries. The driver of the Toyota was arrested at the scene for driving while intoxicated.

Driving While Intoxicated in New Hampshire

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A woman driving on Route 9, near Nelson, New Hampshire, was involved in a head-on collision that resulted in the serious injury of two people traveling in the vehicle she struck. New Hampshire State Police say that the woman was driving east on Route 9, under the influence of alcohol and using an electronic mobile device, when the accident occurred. She was charged with Aggravated DWI and vehicular assault. https://www.nhlegalblog.com/files/2018/10/aggdui.image_-300x169.jpg

Aggravated DWI in New Hampshire

In New Hampshire, a person is guilty of “Aggravated Driving While Intoxicated” if a person drives, operates, or attempts to operate a motor vehicle while under the influence of alcohol or a controlled substance, or any substance that impairs the person’s ability to drive, or has a blood alcohol concentration of 0.08 or more and at the time alleged:

  • “Drives or operates at a speed more than 30 miles per hour in excess of the speed limit;
  • Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury to the person or another;
  • Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued; or
  • Carries as a passenger a person under the age of 16.”

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It has been a difficult year for former police officer Daniel Crevier, who now resides in New Hampshire. Formerly with the North Andover Police Department, Crevier was accused of crashing an unmarked police cruiser while in Pennsylvania. He received three different DUI-related charges in the state. It appears Crevier will not go to trial. His case was accepted for a program unique to Pennsylvania – Accelerated Rehabilitative Disposition (ARD) — a pre-trial intervention program for non-violent offenders with little or no prior record.DWI8-300x225

After the September 2016 DUI incident, his case spent more than a year in Pennsylvania courts being adjudicated. He had been in Pennsylvania for a training seminar and went for a drink with a fellow officer from his department. He was accused of crashing the cruiser “into a construction vehicle parked away from the main roadway and left the scene without notifying local police.” According to police reports, he registered a .219 BAC. Despite these factors, which could have meant harsher sentencing if the prosecution prevailed, Crevier was approved for the innovative ARD program, “provided he consume no alcoholic beverages, pay fines associated with his case — assessed at $2,361.80 — and complete an alcohol safe driving course.” Continue reading →

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The short answer is yes. In fact, one such case took place in New Hampshire recently. But before exploring the particulars of this case, we can explore the ways in which speed and other traffic violations can result in DUI charges and why.StopSpeeding-flyer-300x285

Traffic Stops & DUIs

Simply put, reasonable suspicion of criminal activity gives way to DUI charges. The police need a reason to pull you over. When you speed, run a red light, drive with a broken tail light, or make an illegal turn, for example, you are all but inviting a police officer to pull you over. If your behavior creates suspicion that you are driving under the influence, regardless of whether or not that suspicion is entirely justified, then the officer may ask you if you have been drinking or ask you to complete field sobriety tests.

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The Controversy of DWI Checkpoints

Sobriety checkpoints are the bane of many drivers. While a given checkpoint may result in a handful of DWI arrests, if any, it is largely regarded as a nuisance that takes time out of the evenings of sober, often embittered drivers. Debates have arisen over the legality of citizens forewarning each other about checkpoints, with the general consensus being that it is not illegal to post information about the location of a checkpoint or warn fellow drivers.sobrietycheckpoint1

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