DWI Arrest Mistakes to Avoid in New Hampshire
Arrested for DWI in New Hampshire? Learn common mistakes to avoid after an arrest and why early legal guidance can help protect your rights, license, and future.
Arrested for DWI in New Hampshire? Learn common mistakes to avoid after an arrest and why early legal guidance can help protect your rights, license, and future.
Driving While Intoxicated (DWI) is probably the most frequently committed crime in the United States. Based on a recent report by the National Highway Safety Administration (NHTSA), almost every two minutes someone is due to a DWI accident. The NHTSA also warned that if this trend continues,...
Once you have chosen an attorney, be prepared to answer a lot of questions. Your attorney and his staff will need to know every detail about what happened when you were arrested, prior to your arrest, and after you were arrested. They may ask personal questions about your past, as it pertains to your current case. In some instances, they may need to know things in anticipation of what the prosecution will do to try to convict you.
If you’re been arrested for a DWI, you need to have an adequate defense, which means you need an attorney who is well-versed in New Hampshire DWI law and has experience in DWI defense.
The first, and most important, thing you can do if you are being arrested or have been arrested for a DWI is to contact an attorney who has a great deal of experience in defending drivers against DWI charges. Your attorney will review the steps the officers took in detaining, testing and arresting you to see if your rights were violated, in which case, the evidence collected may be inadmissible.
Since New Hampshire’s laws assume that you automatically give consent to test for alcohol under the implied consent rule, if you are injured or incapacitated in any way and thus incapable of refusing to take an alcohol concentration test, you have not waived your permission to be tested.
If you drive in New Hampshire, whether or not you are licensed to drive by the state of New Hampshire, you have agreed that you will willingly comply with alcohol concentration tests, whether the request is for breath, blood or urine testing.
If you are arrested, you must do everything you can to protect your rights. Any attempt you make to explain the situation, and anything you do that can later become part of the testimony used to convict you, will only make your case more difficult to defend. The United States Constitution guarantees you the right to be free from self-incrimination. That is why, when the police officer arrests you, they tell you that you have the right to remain silent. Exercise that right!
If a police officer directs you to pull over by either activating his emergency lights or motioning to you, you must follow his directions. However, if an officer is simply following you, you do not have to pull over. It is not against the law to share road space with a police car.
To be charged with aggravated DWI, you must be traveling more than 30 miles per hour faster than the posted speed limit, cause an accident resulting in bodily injury, attempt to elude police, have a BAC of greater than 0.16, or have a minor under the age of 16 in the vehicle with you.
If you are charged with drunk driving in the state of New Hampshire, you are being accused of driving or attempting to drive a motorized vehicle (or boat) while under the influence of alcohol. In New Hampshire, this is referred to as DWI (driving while intoxicated). While there are legal limits regarding alcohol concentration levels, New Hampshire courts have found that “impairment to any degree” is cause for arrest.
As a result of seventeen state job cuts in Laconia, some DWI offenders will be spending more time in jail than their judge required.
Every day there is saddening news with regard to fatal DWI incidences. My condolences to the family, and I am hopeful Mr. Brozyna will think twice before getting behind the wheel while intoxicated.
Many of my clients have come to me because of a poor decision to drink and drive. The majority learn their lesson after the first offense, and leave more cautious and educated about the legal implications of drinking and driving. Unfortunately there are individuals who have serious conditions and endanger others.
A conviction for Driving While Intoxicated or DWI can have serious consequences both in the form of penalties handed out by the court and in other areas of your life. The punishments given by a court are known as the actual consequences. All of the other effects that a conviction has on a person'...