The political divide in America has never been starker, and this division has taken its toll on marriages. With politics in the USA more polarized than ever, it is no longer rare for divorce lawyers to hear clients citing political differences for their breakup. Cross-party marriages are increasingly rare, and as the gap between parties has widened, things that just weren’t an issue for couples a few years ago now are. Continue reading →
Getting arrested for DWI as a senior may come as a shock to you, especially if you’ve taken pride as a careful driver. But unfortunately, getting older can heighten the risk of getting charged with a DWI. Continue reading →
Facing an arrest when you live in a small town can be embarrassing on top of the fear you’ll face of the possible consequences of a conviction. When you’re facing a DWI or DUI arrest in a small town, you may also face damage to your personal and professional reputation. So, let’s examine the possible consequences of a DWI or DUI conviction in New Hampshire and what you can do to retain your good reputation.
DWI and DUI Penalties
In New Hampshire, both DWI and DUI are used interchangeably for driving while under the influence of drugs or alcohol. There are several penalty possibilities depending on whether this is your first offense and aggravating factors.
Concord Police Lieutenant Sean Ford had a simple suggestion for an alleged DUI suspect his department recently arrested: “Make better choices.”
A Concord police officer stopped Matthew Miller, 28, near the state prison on North State Street in the early morning hours of Tuesday, September 10, 2019, for lane violations. After Miller failed a field sobriety test, he was taken to the Concord police station.
A dump truck driver was charged with driving while intoxicated in Stratham, New Hampshire when he crashed his truck. His rig plowed through guardrails and signs, as he was trying to navigate around Stratham Traffic Circle, causing the vehicle to tip over onto its side spilling a load of sand on the roadway. The truck sustained damage, but the driver was able to climb out of a window without injury. There were no injuries caused in this crash.
DWI and Professional Licenses in New Hampshire
A DWI can have a monumental impact on a person’s life. Multiple penalties are possible, including steep fines, loss of your driver’s license, and jail time. Moreover, a DWI arrest can affect your livelihood by potentially putting your professional license, a license required for you to do your job, in jeopardy.
A professional license, for a teacher, doctor, lawyer, or even a commercial driver may all be revoked if convicted of a DWI. There are several different types of professional licenses and New Hampshire laws to govern each one. A few types of professional licenses are discussed below.
Physician and Nurse Professional License
The Controversy of DWI Checkpoints
Sobriety checkpoints are the bane of many drivers. While a given checkpoint may result in a handful of DWI arrests, if any, it is largely regarded as a nuisance that takes time out of the evenings of sober, often embittered drivers. Debates have arisen over the legality of citizens forewarning each other about checkpoints, with the general consensus being that it is not illegal to post information about the location of a checkpoint or warn fellow drivers.
Underage DWI in New Hampshire/DUI Under 21
Our New Hampshire DWI Lawyers have spent more than 20 years defending drivers accused of drunk or impaired driving. Many of those drivers were under the age of 21, and as such, faced enhanced and harsh penalties for underage DWI. Underage driving while impaired applies to persons under the age of 21 at the time of the alleged offense. In NH, drivers under 21 who are convicted of a NH DWI face a lengthy license loss, hefty fines, and a criminal record, among other penalties. Defending drunk driving cases for young adults requires a deep understanding of the law, the pharmacokinetics of alcohol and the effects on the human body, and the special penalties that apply to younger drivers.
Drivers under 21 who are charged with a NH DWI should be prepared to vigorously defend against the charge. In New Hampshire, prima facia evidence of impairment is .02% blood alcohol content. As such, to prove their case prosecutors have a very low burden in an underage DWI. If convicted, New Hampshire law imposes enhanced court sentences, along with administrative license suspensions by the Department of Safety.
NH DUI AND MIRANDA RIGHTS
As NH DUI Lawyers, we are often asked by clients if the police mishandled the DUI arrest by not reading them their Miranda rights. “Miranda” rights, as they are popularly known, stem from the United States Supreme Court case of Miranda v. Arizona. In New Hampshire, Miranda applies to interrogations when a person has been arrested or taken into custody. As such, Miranda applies after you have been arrested and the officer continues to interrogate you.
During the typical police encounter for a possible DUI, our local courts have ruled that the questions asked by police on the side of the road during their investigation are permissible custodial interrogations for Miranda purposes. As such, the police are under no obligation to advise you of your rights. In the typical DUI arrest, roadside field sobriety tests are non-verbal statements and are also not covered by Miranda. Because pre-arrest questions do not require Miranda, police officers are trained to obtain as much information as possible prior to placing you under arrest.
NH Man Crashes into Tree and Injures Daughter– DWI #3
As recently reported in the Manchester Union Leader, a Rochester New Hampshire man with 2 previous DWI convictions was recently involved in a motor vehicle crash wherein his 9 year old daughter was severely injured. According to the Deerfield NH Police, the 29 year old man reported that he swerved to avoid a deer and crashed into a tree. His young daughter was trapped inside the vehicle for approximately 30 minutes while fire and rescue teams extricated her. The driver was arrested and charged with DWI subsequent, his 3rd offense in NH.
For the past 20 years, the NH DUI lawyers at Tenn And Tenn, PA have been helping individuals charged with DWI in New Hampshire. Oftentimes, good people make a poor decision to drink and drive. Most clients are so scared by the potential first- offense penalties, that they vow never to put themselves at risk again. Educating our clients about the criminal process helps to minimize recidivism and prevent future Drunk Driving behavior.
A driver who is convicted of certain traffic or criminal violations may be designated a “habitual offender” by the Division of Motor Vehicles. Being put on “habitual offender” status may result in losing one’s license for up to four (4) additional years. Anyone charged with DWI must carefully consider the possibility of being certified as a Habitual Offender.
The list of convictions that may trigger habitual offender certification is long, and it includes several drunk-driving-related convictions. These include driving under the influence of drugs or liquor (DUI) and aggravated driving while intoxicated (DWI), as well as several offenses that might be connected to a DUI/DWI in certain cases, such as reckless driving. If a driver is convicted of at least three of these offenses, he or she may be certified a “habitual offender.”
Several less-serious convictions can also result in a habitual offender designation if a driver receives twelve or more convictions for them. While these convictions may apply to drivers who are sober, they may also apply in certain DWI cases, depending on the facts. These convictions include illegally crossing solid lines on highways, speeding, not meeting New Hampshire license requirements, and failing to provide an SR-22 proof of insurance when required. An SR-22 is frequently required after a DUI conviction, so drivers who have been convicted of one of these offenses are at risk of another conviction if they don’t provide the required SR-22.