I want to help you understand, in greater detail, the many nuances of plea bargaining your case rather than facing a criminal trial. This is the first of a 2 part article series explaining the various plea bargains that can be obtained while going through your drunk driving defense case. We will...

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.

Being arrested does not mean you have been convicted. You are not a criminal. Even though a DWI conviction can drastically affect your life, your ability to drive, and perhaps your job, being arrested should not have any kind of material affect on your life, and you and your attorney should work hard to minimize any potential affect.

Even though you have already been read your Miranda Rights and do have the right to remain silent, you must provide information during the booking process when you are arrested such as your name, address and date of birth.

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.

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.

The New Hampshire Department of Safety recently asked the State Legislature to drop a requirement for DUI/DWI suspects. As it currently stands, New Hampshire law requires all suspects in DWI arrests the opportunity to receive an independent sample of their breath test in addition to the sample taken by law enforcement. With this individual sample, suspects can obtain their individual lab results and offer them as evidence in court.

If you refuse to submit to physical tests, the officer will take your license, inform you of your Miranda rights and begin booking you. Under Miranda, you do not have to answer questions that may incriminate you, but the officer will require some information such as your height, weight, and eye color.

Sending text messages while driving is dangerous, though not illegal in some municipalities.

While DWI is usually a misdemeanor charge, there are circumstances that can cause the courts to upgrade the DWI charge from a misdemeanor to a felony. Aggravated DWI becomes a Class B felony if the offense caused serious bodily injury. Likewise, your fourth DWI conviction (out-of-state convict...

During the time between your arrest and your trial there are things you can be doing to prepare for your trial and steps you can take to demonstrate an active willingness to change your behavior before the trial Alcohol and/or Drug AssessmentsBeing arrested for DWI does not necessarily mean that...

New Hampshire has a strict policy with regard to drunk driving and license suspension. Drinking and driving is not to be taken lightly, and in an effort to curb drunk driving, there are a few instances in which your license will be suspended immediately.