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:
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 →
The short answer is yes. In fact, one such case took place in New Hampshire recently. But before exploring the particulars of this case, we can explore the ways in which speed and other traffic violations can result in DUI charges and why.
Simply put, reasonable suspicion of criminal activity gives way to DUI charges. The police need a reason to pull you over. When you speed, run a red light, drive with a broken tail light, or make an illegal turn, for example, you are all but inviting a police officer to pull you over. If your behavior creates suspicion that you are driving under the influence, regardless of whether or not that suspicion is entirely justified, then the officer may ask you if you have been drinking or ask you to complete field sobriety tests.
The Holiday Season: A Dangerous Time on American Roadways
The holidays bring with them a mood of merriment and leisure, as we begin to wind down and collect ourselves from a hectic year. Loved ones rejoin their families, eggnog and other libations flow freely, airports and highways seem to bust at the seams with swells of determined travelers. However, there are at least a few unfortunate side effects that occur when we combine these factors. The uptick in parties and festivities, accompanied by the increase in air and ground traffic, mean that our roadways become considerably more dangerous this time of year. Although the hazard of drinking and driving is prevalent on many other holidays (St. Patrick’s Day, Fourth of July, Memorial Day), the relative concentration of holidays makes for a particularly dangerous stretch, beginning Thanksgiving weekend and ending New Years Day. This state of affairs often puts law enforcement on edge, with local news outlets around the country usually reporting that DUI patrols in their area are set to increase over the holiday season.
New Hampshire Legal Blog