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Failing a DWI Breath Test Does Not Necessarily Ensure an Administrative License Suspension

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.

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