Articles Tagged with DWI Defense Attorney

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New Hampshire law requires people convicted of driving while intoxicated (DWI) to meet certain conditions. One of them is to maintain a New Hampshire SR-22 Insurance Certificate.

According to the New Hampshire Department of Safety, An SR-22 Insurance Certificate proves that the person holding it has liability insurance in case of a car accident. If you are convicted of DWI, you must maintain your SR-22 for three years. For a second DWI conviction, the SR-22 must be maintained for five years.

When you receive your SR-22, examine it closely. You can get an SR-22 in either one of two forms: an “Owner” certificate or a “Non-Owner” certificate. Under New Hampshire law, an Owner certificate must state that your insurance covers “Any Vehicles Owned by the Insured.” It should not list the vehicles you own. A Non-Owner certificate should state that your insurance covers “Any Vehicles Driven by the Insured.”

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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.