Intoxilyzer Evidence Excluded From Trial
The State claimed that our client, Jim*, who was being charged with an aggravated DWI, also had a 3.0 blood alcohol content (BAC). A BAC of this level is almost four times above the legal driving limit, a level so high that, if convicted, Jim would be subject to mandatory follow-up treatment, most likely have a severe fine (up to $1,200), and the lengthiest Administrative License Suspension (ALS) period possibly imposed by the court. At the time of arrest, the officer administered an Intoxilyzer test to ascertain Jim's BAC. Attorney Russman has, through his extensive career as a NH DWI lawyer, acquired specialized insight into the various tests and instruments used by Police to test BAC. Ryan knew exactly how to challenge the credibility of the specific Intoxilyzer model used by the officer. As a result, the breath result was excluded prior to trial.
Result: Not guilty.