Articles Tagged with New Hampshire DUI attorney

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Laws prohibiting driving under the influence of alcohol (DUI) in New Hampshire and other states are based on research indicating that a person’s ability to drive a motor vehicle safely decreases as their blood alcohol concentration (BAC) increases. The “per se” BAC limit in New Hampshire is 0.08 percent, but even if a driver’s BAC is lower than this, he or she may be arrested on suspicion of driving while intoxicated, or when one’s ability is impaired (DWI).

How does driving ability decrease as BAC increases? The U.S. Centers for Disease Control and Prevention (CDC) offers an overview:

  • 0.02 percent. Some decrease in ability to track moving objects and to multitask, a key skill when driving.
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If you are stopped for drunk driving in New Hampshire, a police officer may ask you to submit to a test to measure your blood alcohol concentration (BAC). If you are inclined to submit to a test, a blood test may be a better choice for a more accurate result, as some breath tests for alcohol can easily produce a false positive read.

A “false positive” on a New Hampshire breath alcohol test occurs when the breath test machine reports that you have a level of alcohol in your breath when in fact you do not have alcohol in your system. A number of situations can cause a false positive result, or a result that is artificially high. These include:

  • Breathing that is either too heavy or too shallow.
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The holidays mean festivities and fun, which often involves alcohol for some individuals. Unfortunately, as the number of parties you attend increases, so does your risk of being charged with driving under the influence (DUI) or driving while intoxicated (DWI), according to a recent article published by New Hampshire news outlet WMUR.

Holiday parties provide a host of occasions to have a drink this time of year. The hazards posed by snow and ice plus more nighttime driving due to short days make a New Hampshire car accident even more likely. Combine these dangerous driving conditions with one too many drinks, and a criminal charge may result.

In order to prevent a New Hampshire DUI charge from ruining your holiday season, consider taking safety measures such as choosing a designated driver who will not drink, taking a cab or a bus to and from parties, or hosting the party yourself so that you do not have to drive. If you are a party host, ask your friends to choose a designated driver or take public transportation, and offer plenty of non-alcoholic beverages and food so your guests can have fun and stay safe. Also, remember that you can be charged with DUI if you are driving a snowmobile or ATV.

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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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According to firstcoastnews.com, a New Hampshire man was recently stopped and arrested for allegedly driving under the influence. Due to an arm deformity, officers reportedly did not handcuff the man, and, consequently, the man managed to get into the driver’s side of the police cruiser and drive off. The 25-year-old Laconia resident soon abandoned the stolen police vehicle, and authorities were unable to locate him. Much to the Plymouth District Court’s surprise, the man turned himself in to authorities the following afternoon. He now faces escape charges in addition to possible reckless and criminal mischief charges; all of which are on top of his DWI charges.

This story is emblematic of behavior that should be avoided at all costs during a DWI arrest. Eluding police, stealing vehicles, and endangering the well-being of others in the process only make matters worse. An accused should not admit to any wrongdoing without consulting an experienced criminal defense attorney first.

For individuals being accused of driving while under the influence, it is important to remember that refusal to submit to a blood alcohol test will lead to a license suspension. However, an experienced New Hampshire DWI attorney can challenge that suspension.