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 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
Multiple steps take place during the detection of a possible motorcycle DWI. Police begin gathering evidence from the moment they observe your motorcycle. The DWI Detection process in New Hampshire begins with observation of the motor vehicle in motion. For motorcycles specifically, police officers are trained to look out for certain “cues” which may exhibit a higher probability that the motorcyclist is impaired. Any of the following cues may be gathered as evidence and presented to the court to show that you were driving under the influence:
- Drifting during turn or curve;
- Trouble with dismount;
- Trouble with balance at a stop;
- Turning problems (e.g., unsteady, sudden corrections, late braking, improper lean angle);
- Inattentive to surroundings; and/or
Further, the officers will look for and pay attention to any inappropriate or unusual behavior such as carrying and dropping an object, disorderly conduct, or urinating on the side of the road. After you have been pulled over and the officer makes personal contact with you, they will “interview” you to see if there is further evidence to be gathered, such as:
- Slurred Speech;
- Bloodshot eyes; and/or
- Alcohol odor.
The police observation of any of the preceding behaviors or appearances may be used against you in court.
Field Sobriety & Chemical Tests
Once an officer has decided to pull you over on suspicion of DWI, they may then decide to administer field sobriety tests to confirm their suspicion. During a field sobriety test the officer will give you a series of verbal commands. These commands commonly include instructions such as walk a straight line, touch your nose, or stand on one leg and count to ten. If you fail any one of these tests, the officer may then ask you to take a chemical test, such as a breathalyzer test or providing a urine or blood sample, to determine the actual level of your blood alcohol concentration. All of the results of the above tests will be gathered as evidence by police officers and may be used by the state to prove its motorcycle DWI case against you.
Always Consult with a New Hampshire DWI Attorney
The penalties of any driving while intoxicated conviction can be very serious and can carry on for many years. For that reason, it is immensely important that you retain the services of an experienced New Hampshire DWI defense attorney. There are many defense tactics that a skilled DWI attorney at Tenn And Tenn, P.A. may take to secure a positive outcome in your motorcycle DWI case. Contact the team of DWI defense attorneys at Tenn And Tenn, P.A. today!