False positives occur on DWI breathalyzer tests more often than you might think. Breathalyzer testing equipment always comes with its margin of error, and the test is administered by a person who is not infallible. A lesser-known potential cause of a false positive on a DWI test is the diet of the person being tested. For example, a keto diet, low carb diet, or intermittent fasting may cause false positives on DWI breathalyzer tests.
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.
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.
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:
- Criminal prosecution in state court; and
- The potential administrative suspension of your driver’s license.
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.
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 →
How to Beat a DUI/DWI in New Hampshire
If you have been arrested and charged with driving under the influence, or DUI/DWI in New Hampshire, you are facing significant penalties if convicted. DWI is a serious criminal offense in NH and carries heavy fines, lengthy periods of license loss, alcohol classes, insurance certificates, interlock ignition devices and possible JAIL. It is in your best interest to hire an experienced DWI attorney to help. Remember, time is of the essence in every DWI case. Failing to act quickly can mean automatic loss of your driver’s license if you don’t request a hearing at the DMV for the Administrative License Suspension.
One of the biggest myths about fighting a DUI offense in New Hampshire is that you will automatically be found guilty if you failed the breath, blood, or roadside field sobriety tests. The fact is–this is simply not true. Lets address these claims individually, starting with the breath machine, known as the Intoxilyzer 5000.
If you are found guilty of driving under the influence of either drugs or alcohol, chances are you will have to attend and complete the Impaired Driver Intervention Program (IDIP). After being convicted of a DWI, individuals are often required to enroll in such programs at their own expense, and provide proof of the program’s completion upon doing so. Successful enrollment in and completion of the program is necessary to have your license and driving privileges restored.
The Impaired Driver Intervention Program in New Hampshire is a twenty-hour course that is meant to rehabilitate and warn individuals convicted of DWI of the dangers associated with driving while impaired. As stated, the program must be completed before a license suspension is lifted. For the sake of convenience, an intensive weekend course is available in New Hampshire. For those individuals convicted of DWI in the state of New Hampshire, but who live in another state, an IDIP may be completed out-of-state, but it is important that the out-of-state IDIP is recognized by the state of New Hampshire as acceptable.
Successful completion of the IDIP will culminate with an evaluation to determine whether or not follow-up treatment is required. If follow-up treatment is deemed necessary, then the individual’s license will not be restored until the follow-up treatment is successfully completed as well. Follow-up treatment is automatically recommended if the individual was found to have a blood alcohol concentration (BAC) greater than 0.16, or a BAC greater than 0.08 if the individual is younger than 21 years of age. Furthermore, if an individual is found guilty of multiple alcohol or drug-related vehicle arrests, then that individual too will be required to seek follow-up treatment to the IDIP.