Articles Tagged with field sobriety tests

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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 SuspensionNot Guilty of DWI

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.

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Recently, a Salem man was arrested on suspicion of driving while intoxicated, according to local news outlet WMUR. Police officers pulled the man over after hearing that a similar car had been seen weaving on Route 28 shortly beforehand.

After pulling over the man’s car, police administered field sobriety tests. These tests are intended to demonstrate that someone is drunk or sober based on how well they can walk a straight line, balance on one leg, or perform other tasks. Based on the driver’s performance, police concluded he was driving while intoxicated and arrested him. The driver cooperated well with police both before and during his arrest. The man’s passenger, his granddaughter, was released into her parents’ custody.

Field sobriety tests in New Hampshire are designed to be difficult. Officers trained to give field sobriety tests are taught to look for many different “clues” in order to determine whether a person is drunk. Because the tests are complex and difficult, they are notoriously easy to fail, even sober. Failing a field sobriety test, however, can easily result in being arrested for DUI or DWI in New Hampshire. Being arrested or charged with DUI or DWI can result in life-changing consequences, even if you are innocent. This is especially true if you have a commercial drivers’ license or CDL.

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The New Hampshire State Liquor Commissioner has been charged with driving while intoxicated after being arrested on Saturday, April 17. According to a wmur.com article, the Commissioner was pulled over near Gilford and failed a field sobriety test before refusing to submit to a breathalyzer. He was taken to Belknap County Jail and charged with driving while intoxicated and speeding before being released on $1,000 personal recognizance bail.

Field sobriety tests (SFST’s) in New Hampshire are subjective experiments conducted by law enforcement officials to determine if a person was driving while impaired. These tests are performed in order to evaluate coordination, mental awareness, motor function and ability to pay attention. A person may refuse to submit to such tests by communicating to the officer that he/she wishes to speak to an attorney. Given their subjective nature, field sobriety tests are prone to inaccuracies and flaws. For example, it is possible to fail such a test due to nervousness, poor balance or a legitimate medical condition. If you have been subjected to field sobriety tests and subsequently charged with DWI, you will need to contact a New Hampshire DWI lawyer who can help you contest the officer’s subjective findings and the charge.

The skilled and aggressive DWI lawyers at Tenn And Tenn, P.A. may be able to establish that such SFST’s tests were flawed, inaccurate or that the results were otherwise wrongly interpreted. Before you plead guilty to a DWI in New Hampshire, speak to an experienced DWI lawyer in New Hampshire about your case. The attorneys at Tenn And Tenn, P.A. frequently handle criminal and administrative hearings related to DWI charges, and are here to ensure that your case is handled effectively. Call 1-888-511-1010 for an immediate free consultation.