Articles Tagged with nh dui

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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.

mrianda (1)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.

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Being convicted of driving under the influence (DUI) or driving while intoxicated (DWI) carries heavy penalties in New Hampshire. When an accident involving injury occurs, however, a conviction or court case related to those injuries can make the burden of a New Hampshire drunk driving conviction even more onerous. However, New Hampshire law extends liability for drunk-driving-related accidents to those who serve alcohol as well.

These laws, known as “dram shop laws,” allow a New Hampshire resident who is injured in a drunk driving accident to seek compensation from the establishment that provided the drinks. This includes those who are convicted of drunk driving after an accident that causes injury and/or property damages. Under New Hampshire law, bars, restaurants and other establishments that serve alcohol are expected to pay attention to those to whom they are serving alcohol. If the patron appears to be intoxicated, the establishment is required to stop serving, or to refuse to serve, that person.

This cutoff requirement protects New Hampshire bar- and restaurant-goers from the dangers of too much drinking, and allows them a valuable stretch of time to recover their senses so they can drive home safely. The dram shop law helps enforce this responsibility by allowing injured persons, including those accused or convicted of drunk driving, to sue alcohol providers.

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A driver who is stopped by police may be asked to take one or more New Hampshire field sobriety tests if the police officer suspects the driver is impaired. One commonly-used field sobriety test is the “walk and turn” test.

In this test, the driver must take several steps down an imaginary or real line, placing the heel of each foot against the toes of the other, then turn around and take several steps back in the same direction.

While the driver is taking this test, the officer is looking for several clues that may reveal whether or not the driver is impaired by alcohol or under the influence of drugs. An officer may decide to arrest a driver for DUI or DWI if the officer sees that the driver:

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