Articles Posted in DUI/DWI Arrest

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If you’ve been arrested and charged with DWI, one of the biggest dilemmas you will likely face is whether to tell your employer about it–and if so, what you should say. Are you required to tell your boss about the DWI? Could you lose your job over it? The answers to these questions may depend on your situation and circumstances, so let’s dive a bit deeper.

When Are You Required to Disclose a DWI to Your Employer?Tenn-boss-249x300

To be clear, there is no law on the books that explicitly requires you to report a DWI to your current employer—and in fact, the law places some limits on what an employer may ask about your criminal record. However, there are a few exceptions in which you must disclose a DWI to your boss. For example:

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If you are arrested and convicted one time for DWI, it could be attributed to a misunderstanding or a lapse in judgment. If you’re arrested for repeated DWIs, it signals a possible problem. If you find yourself caught in a repeated DWI cycle, you’re not alone–but you’re still in a dangerous position. As many as one-third of all DWI arrests are for repeat offenders, and according to MADD, 91 percent of alcohol-related fatalities are committed by repeat offenders.

If you have multiple DWIs, you’re at risk for a host of consequences, including unemployment, loss of driving privileges, higher insurance rates, and jail time–not to mention an increased chance of causing injury or death to yourself and others. The best way to break this cycle is to understand its root causes and then take tangible steps to disrupt the cycle.


Why People Commit Repeat DWIs

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So you’re facing your third (or fourth) DWI arrest. Here in New Hampshire, that means you’re now dealing with felony charges. If convicted, you’re facing mandatory jail time, plus an indefinite suspension of your driver’s license. But beyond these challenges, you’re now wondering if something is wrong with you. Do you have a problem with alcoholism? Perhaps you’re even wondering if you were born with a propensity for DWI. Is it true? Are you somehow genetically fated to have problems with alcoholism resulting in continued DWIs?

While there certainly is a possibility that your propensity for alcohol is genetic, that does not mean you’re doomed to fight DWIs all your life. Let’s explore this question a bit further.

The Connection Between Alcoholism and GeneticsTenn-DNA-300x213

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If you’ve ever had a DWI, you know you don’t want another one. A second offense in New Hampshire means losing your license for three full years, and a third offense means losing it indefinitely. Luckily, as the saying goes, there’s an app for that. In fact, there are several iOS and Android apps designed to keep you from getting behind the wheel when you’ve had a few too many.

BAC CalculatorsTenn-phone-apps-229x300

The simplest sort of app for drinkers is the blood alcohol content (BAC) calculator. These programs do just what they promise: they calculate your blood alcohol content and let you know if it’s safe for you to drive. Most of them ask you to provide physical details—height, weight, gender, age—and a list of what you consume over the course of an evening. It’s only an estimate, but these apps can give you a sense of how much alcohol is in your system at any given moment. Some even have an element of fun to them. EndDUI includes several games which test your ability to focus.

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A man who was critically injured in an accident on Sunday, August 4, 2019, will find himself facing serious criminal charges if and when he recovers and is released from the hospital. State police responded to the single-car accident, which happened on I-95 in Seabrook. Richard Beauregard’s 2018 Ford Explorer apparently left the road, traveled along an embankment in the center median, and then rolled over. No one else was involved or injured in the accident. A picture taken from the scene shows Beauregard’s vehicle as a crumpled, mangled mess.Drugged-Driving-300x155

In a 2015 report “Drug-Impaired Driving” released by the Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility, found that drugs were more common than alcohol in the systems of fatally injured drivers. Forty-three percent of those tested had drugs in their system, compared to 37% of fatally injured who had alcohol in their system.

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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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