Articles Tagged with new hampshire dui lawyers

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When a police officer stops a driver on the road, the officer may ask the driver to perform several physical tests. Known as “field sobriety tests,” these activities are meant to provide clues that will tell the officer whether or not the driver may be driving under the influence of alcohol or other drugs (DUI). One commonly-used field sobriety test in New Hampshire is the “one leg stand” test.

During the one-leg stand test, the officer first gives all of the instructions, then has the driver perform the test. The test consists of standing on one foot for at least thirty seconds, with the other foot held parallel to the ground and about six inches high. While standing in this position, the driver then has to count thirty seconds out loud. Signs an officer may use to determine that the driver has failed the test include waving the arms for balance, hopping, and putting the foot down.

The one leg stand test is not easy to do correctly. Also, it does not distinguish between someone who has been drinking and someone who has an injury, illness, or other condition that causes balance problems.

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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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As of February 2011, the federal Research of Alcohol Detection Systems for Stopping Alcohol-Related Fatalities Everywhere Act, which is also referred to as the ROADS SAFE Act, is still just a bill sitting in the U.S. Senate. If passed, however, the Act could have a significant effect on drunk driving nationwide.

The ROADS SAFE Act offers the National Highway Traffic Safety Administration (NHTSA) an additional $6 million in federal funding for the next five years to research ways to use technology to prevent drivers from operating their vehicles when under the influence of alcohol. The bill’s sponsors, Senator Tom Udall (D-NM) and Senator Bob Corker (R-TN), are especially interested in finding technology that is cheap, reliably detects a drier’s blood alcohol concentration (BAC) of 0.08 percent or more, and doesn’t impair a sober driver’s ability to drive a car outfitted with the technology.

The NHTSA would use the additional funding to conduct studies and research of technologies that can help prevent drunk driving, such as in-car detection systems that read whether the driver’s BAC is above the legal limit of 0.08 percent. The money may be used by the NHTSA’s own researchers, or it may be distributed as grants to private researchers to help create and distribute alcohol detection systems. Several interest groups support the bill, including the Distilled Spirits Council and Mothers Against Drunk Driving (MADD).

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New Hampshire police are alleging that a Merrimack elementary school teacher twice had her daughter take a breath test for her in order to unlock her vehicle’s ignition. According to a wmur.com article, the woman allegedly had her daughter blow into the breathalyzer tube of the ignition-locking device that was installed on her vehicle following a 2008 DUI conviction. Consequently, police have charged the woman with two counts of alcohol ignition interlock circumvention, a misdemeanor offense in the State of New Hampshire.

An alcohol interlock ignition device is a breath alcohol analyzer connected to a car’s ignition system. Any measurable amount of alcohol detected on the user’s breath would prevent the car from starting. The use of ignition interlock systems has spread throughout the country in recent years, as the devices often provide a desirable alternative to full license suspension. Use of such systems is regularly a condition of probation or parole.

Alcohol safety interlocks can be extremely difficult to circumvent when installed properly, and have been demonstrated to reduce recidivism rates of DUI offenders. Nonetheless, despite the many benefits of such devices, their operation remains far from foolproof, as false readings and malfunctions are sometimes reported.