Articles Tagged with new hampshire drunk driving

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The New Hampshire Senate is currently considering a bill that would expand the administrative powers of the Division of Motor Vehicles when it comes to drivers who have been arrested for or charged with driving under the influence (DUI) or driving while intoxicated (DWI) in New Hampshire.

The bill, known as Senate Bill 282, would allow the Commissioner of Motor Vehicles to request a hearing whenever a person’s license is suspended or revoked after a DUI arrest. The hearing would determine whether installing an ignition interlock device on the driver’s vehicle would improve safety.

If the hearing officer decides the answer is yes, the driver will have to have the device installed – at his or her own cost – before getting permission to drive again. The ignition interlock device could be required even if the driver is never actually convicted of DUI/DWI, or is convicted of only a first offense, which currently does not require an ignition interlock device in most cases. While supporters say the bill will improve safety and reduce possible drunk driving incidents, according to the Union-Leader, opponents say that an ignition interlock device should only be required if a driver is actually convicted of an alcohol-related offense – and they point out that an arrest alone never proves guilt.

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By the time a New Hampshire police officer tells a driver it’s time for a breath test, the officer has already been watching the driver for some time. Police officers are trained to look for and remember clues that indicate a driver is intoxicated. Often, a police officer will require the driver to perform one or more NH field sobriety tests, such as a one-leg stand or a walk-and-turn test, before administering a breath test.

Preliminary breath testing gives a police officer an approximate reading of the driver’s blood alcohol concentration, or BAC. In New Hampshire, driving with a BAC of 0.08% or higher is illegal and usually results in a DUI arrest. What the breath test does not do, however, is tell the officer how impaired the driver is. The same amount of alcohol may cause a great deal of impairment or very little, depending on the driver’s size, whether the driver has had anything to eat, the driver’s personal tolerance of alcohol, as well as other factors. Drivers who are asked to perform a preliminary breath test in New Hampshire face penalties if they refuse. Even if the driver consents, however, a breath test must be performed correctly in order to be accurate.

Experienced New Hampshire drunk driving attorneys like those at Tenn And Tenn, P.A. know what to look for in the events that surround a driver’s arrest. We will review the details of your case thoroughly and fight to win the best possible outcome. For a free and confidential case evaluation, call Tenn And Tenn, P.A. today at 1-888-511-1010.

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A New Hampshire judge denied bail and decided to keep a 55-year-old Eaton Center resident in jail after the man was arrested on suspicion of drunk driving recently. The judge relied on the man’s multiple prior drunk driving convictions to make his decision, saying that he believed the man was a danger to the public, according to a recent article in The Sun-Chronicle.

The man was pulled over on Interstate 95 in Attleboro, NH, after another driver called police, reporting that the man’s driving was unsteady. The arresting officer who pulled the man over stated that the man appeared to be intoxicated and that the man had gotten angry when he was arrested. According to the man’s attorney, however, he was upset over the New Hampshire DUI arrest, not because he was intoxicated.

The man’s six DUI convictions date back as far as 1976, with most of them occurring before 1986. His attorney pointed out that there were reasonable alternatives to jail that would allow the man to continue working and taking care of his household. Nevertheless, the judge agreed with the prosecutor’s office that the man represented a threat to public safety and ordered him to remain in jail.

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Research in Motion (RIM), a company that creates applications for use on Blackberry smartphones, recently agreed to drop its app that allowed people to search for DUI checkpoints and other road hazards, according to an article in PC World magazine. RIM agreed to make the change after several U.S. senators, including Harry Reid, Chuck Schumer, Frank Lautenberg, and Mark Udall, asked the company to drop the app, which they believe give an unfair advantage to drunk drivers.

The application, known as “PhantomALERT,” provided information on local “speed traps, red light cameras, speed cameras, school zones, DUI checkpoints, and dangerous intersections,” according to PC World. The app was sold online through Blackberry App World. Three similar programs for Apple’s iPhone have also been removed from Apple’s store. Two of the Apple apps were specific to Los Angeles and Orange County, California, but the third provided information on DUI checkpoints and other points along roads within a 100-mile radius of the user.

Although the apps have non-DUI-related uses, such as helping drivers avoid dangerous intersections or traffic backups, the senators who requested these apps be removed were primarily concerned that drivers might use them to evade the law. However, knowing where New Hampshire DUI checkpoints are is no guarantee that a driver will not be stopped by police, whether the drivers is drunk or sober.

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The State of New Hampshire has three (3) separate alcohol programs for drivers convicted of DWI. Drivers convicted of an aggravated DWI, or a second drunk driving charge, face much stiffer penalties than those who have only received one DWI conviction. Part of any DWI penalty includes enrollment in one of New Hampshire’s Alcohol Education Programs.

Upon conviction for an aggravated DWI or second offense DWI in New Hampshire, a driver is typically sentenced to at least three (3) to thirty (30) days in jail. As part of the Multiple Offender Program (M.O.P.), otherwise known as the Phase II Program, the driver spends seven days in inpatient treatment for alcohol and drug use. In order to successfully complete the MOP program, a driver must complete the following steps:

  • A one-hour intake interview;
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If you are charged with driving under the influence (DUI) or driving while intoxicated (DWI) in New Hampshire, you may face an Administrative License Suspension (ALS) hearing in addition to a criminal charge.

New Hampshire law requires that the DMV suspend your driver’s license if you refuse to have your blood alcohol concentration (BAC) tested; if your BAC is tested and is above 0.08 percent; or if you are under 21 and your BAC is 0.02 percent. Separate rules apply to commercial drivers.

If the DMV decides to suspend your driver’s license because of a drunk driving charge, you have the right to a hearing. You have 30 days to request a hearing, starting from the day you are arrested for DUI/DWI. If you miss your deadline, your license will be suspended automatically“ for 180 days for a first offense, and up to two full years for each offense after the first.

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If you’re pulled over for drunk driving in New Hampshire, the police officer may ask you to take a breath alcohol test to check whether your blood alcohol content (BAC) is over the legal limit of 0.08. Knowing how a New Hampshire breath alcohol test works can help you understand why you may want to opt for a blood test instead.

A breath test can detect alcohol because alcohol enters the blood without being changed chemically. As the alcohol-containing blood goes through your lungs, the alcohol evaporates into the air going in and out of your lungs. The breath test reads this evaporated alcohol. Most of the evaporated alcohol in your breath comes from the bottom of the lungs, so a breath sample based on a deep breath and blowing for an extended period to get all the air out of the lungs is required for an accurate BAC reading.

According to New Hampshire law, anyone with a New Hampshire license is considered to have given “implied consent” to a chemical test to check their BAC. A chemical test may be a blood, breath, or urine test. If you refuse to take any of these three options, your license may be suspended.

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In New Hampshire, the Division of Motor Vehicles will suspend your drivers’ license in certain DUI or DWI-related situations. This can occur even if you have not yet been convicted of a New Hampshire DUI or DWI charge. This suspension is known as an Administrative License Suspension, or ALS.

Currently, you will face an administrative license suspension in New Hampshire if you refuse to take a chemical test to analyze your blood alcohol concentration (BAC); if your BAC upon testing is revealed to be 0.08 or higher; or if you are under age 21 and your BAC is 0.02 or above. A different, harsher set of rules applies to drivers who have commercial drivers’ licenses (CDLs).

When putting an ALS on a New Hampshire driver’s license, the Division of Motor Vehicles must give notice to the driver that their license is revoked. The suspension generally begins thirty days after the driver is notified. When the notice is delivered, the driver receives a temporary license good for the 30-day period between the notice and when the suspension begins.

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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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Perhaps you or a family member has been charged with a driving under the influence (DUI) or driving while impaired (DWI) in New Hampshire. You then face the difficult task of choosing a New Hampshire DUI attorney, and you will probably want to make a decision fairly quickly. There are many factors which should be taken into account before hiring a DUI/DWI attorney.

Ask for recommendations from family members and friends or look online to gather a list of several potential drunk driving defense attorneys before narrowing your choice down. First, you will want someone with significant experience with a wide variety of DWI cases. A lot is at stake when you’ve been charged with a DUI, and you want someone who knows about DUI law and has experience with DUI cases. Check out the websites of any attorneys you are considering. Do they have a lot of helpful information? Are there any links to articles they have written, presentations they’ve done or any specialized DUI training received? Do you feel comfortable with the tone of the website?

You may also wish to contact the bar association since they will be able to confirm that the attorney is licensed to practice in New Hampshire, and tell you whether the attorney has had any disciplinary actions taken against him or her.