New Hampshire Drunk Driving Defense Attorneys
- Burlington
- Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims:
You answered the investigating police officer's questions at the scene of the accident. Afterwards, you should not talk to anyone about your collision except one of the lawyers or investigators in your lawyer's office. You should not even talk to your own insurance company without notifying your lawyer first. Remember, the attorney-client communications privilege and your attorney's counsel are there to protect you, while statements made to other persons are generally not shielded from disclosures and can sometimes hurt you.
- Concord:
- Runge Law Office:
... clients are entitled to superior representation from attorneys who genuinely care about them.
- Shaheen & Gordon:
Defending a DWI case (Driving Under The Influence of Drugs or Liquor) requires a lawyer to act quickly and skillfully. Prosecutors and police have become progressively more skilled at presenting a mountain of evidence aimed at conviction. And only a seasoned and skilled defense lawyer is up to the task of combating the onslaught of this evidence.
- JG&W:
Breathalizer tests are usually conducted at the police station after you have
been arrested for DWI. Failure to submit to a breath test will result in an
automatic loss of license for a minimum of 6 months. In addition, you can still
be charged with DWI and face prosecution.
- Bedford
- Schulefand, Daniel:
Twenty-two years ago, when I started practicing law in New Hampshire, there was an advertisement aimed at preventing DWIs that featured a picture of a frosty mug of beer and the tag line: ÒThe $5,000 Beer.Ó The point of the advertisement was that the fine, court costs, attorneysÕ fees and insurance premiums would reach that amount for the average driver convicted of a simple DWI.
Times have changed. For a simple, first offense DWIÐwith no accident, property damage, personal injuries, or aggravating facts, the true cost to the driver has been estimated by various groups and organizations to be somewhere between $10,000 and $20,000:
* CNBC: $20,000
* Alcohol Problems and Solutions: $20,000
* MADD of Orange County, CA: About $11,000
* Illinois Secretary of State: $14,660 (assumes jail and lost income, but low legal fees due an Òuncontested pleaÓ)
* Erie County, NY: $9,500
* Texas Department Of Transportation: $9,000 - $24,000
All of these estimates include some assumptions that I donÕt agree with and some costs that donÕt exist in New Hampshire. More important, the true cost will vary significantly from individual to individual.
- Exeter
- Russman Law Offices:
Is it "safer" to drink beer, wine or hard liquor in excess?
None of them. Different types of drinks contain different concentrations of alcohol, or what may be called "proofs." The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take "less" hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.
However, drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, you may also suffer other physical injuries, whether or not you decide to operate a motor vehicle. Excessive alcohol consumption can cause damage to the kidneys, liver, heart, and brain. In addition, excessive use of alcohol within a short period of time can lead to death.
- Lancaster
- Leonard Harden:
When charged with a crime, it is vital that you speak to a qualified criminal defense lawyer immediately.
- Lebanon:
- Struckhoff Law
Office:
Contrary to popular belief, many people are found not guilty of DWI; in
addition, many other people benefit greatly from either a negotiated reduction
of the initial charge or by receiving a lesser punishment than they might
expect if not represented by counsel. In almost every DWI there is a
considerable range from the best possible outcome to the worst possible
outcome.
- Londonderry
- Olson, Carl:
Are You Under Arrest? Remember Rule #1 -
Keep Your Mouth Shut, Even If It Means Spending the Night in Jail!!
Being charged with any crime is a frightening experience. You need to know your rights under the law and act to protect them immediately, before memories fade, evidence is lost, or witnesses disappear. Do not wait to get help. The more time your criminal defense attorney has before trial, the better and stronger your defense can be.
- Manchester
- Keefe & Browne:
Criminal offenses and violations are classified into three broad categories in the State of New Hampshire.
>> Violations
>> Misdemeanors
>> Felonies
- Tenn & Tenn:
The statutory laws and Supreme Court decisions concerning "drunk driving" have changed significantly over recent years. Today, a person arrested in New Hampshire for driving under the influence of alcohol ("DUI" or "DWI") faces complicated procedures and potentially severe punishment.
After you are initially stopped by the police, you will be asked incriminating questions without any Miranda advisement of rights and without any immediate right to consult with an attorney. You will then be subjected to a series of "field sobriety tests" under physically and emotionally difficult conditions -- tests which may be nearly impossible for most people to satisfactorily perform under the best of circumstances. You may then be given a hand-held preliminary breath test ("PBT").
After being arrested, you will be requested to submit to breath or blood testing, usually at the police station -- and, again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are not always accurate and many officers administering them are unfamiliar with the proper procedures. If you refuse, or if the police feel you are not cooperating to their satisfaction, a blood test is often requested. If the breath test is .08% or over, or if there is a blood sample withdrawn or a refusal reported, the police may confiscate your license and issue you a notice of suspension and a 30-day temporary license.
After being charged with DWI/DUI, you now face two battles. First, you must deal with a criminal prosecution in state court. If the breath or blood test was .08% or over, you will also be charged with the so-called "per se" offense, driving with .08% or over blood-alcohol.
Second, you must deal with a potential administrative license suspension from the New Hampshire Division of Motor Vehicles ("DMV"). If the breath test was over .08%, or over .02% if under the age of 21, or if there was a blood sample withdrawn or a refusal reported, the police will confiscate your license and issue you a notice of suspension and 30-day temporary license. A first offense DWI/DUI involves a potential six month suspension from the DMV; a refusal or a second offense within ten years of a prior conviction triggers a potential two-year suspension. These suspensions may be successfully contested by an experienced DWI/DUI attorney; but, it is critical that you or, preferably, your attorney, contact the DMV immediately to request a hearing. The importance of this cannot be overstated; absent a timely request, there will be no hearing and the suspension will automatically take effect 30 days after the arrest or results of the blood test.
- Martin Glennon:
If you have been charged with a crime in Manchester, New Hampshire or surrounding areas, you should get professional legal advice right away. It is important to have a lawyer on your side who will show you how to fight for your rights.
- Schrepfer & Paradis:
Having a good attorney to defend you at trial or to negotiate the best possible plea with a prosecutor can make all the difference. This is especially true in DWI cases where the loss of your driving privileges can mean the loss of your job.
- Nashua:
- Bookman & Al-Marayati:
What should I do if a police officer asks me to take a breathalyzer?
For many years attorneys have been telling people never to submit to a
breath test. Unfortunately, such advice tends to be based on an outdated
understanding of the law and ignores recent developments in both
Massachusetts and New Hampshire related, in particular, to
administrative license suspensions for refusal to submit to a breath test.
Keep in mind that there are now two main types of breath testing. The first
is roadside testing with a portable machine. You have a right to refuse
such a test. For refusing this type of test there is no license suspension. The refusal of a roadside test cannot be used as evidence against you at trial. The second, more common type of test occurs at the police department following arrest. Both Massachusetts and New Hampshire have what are generally referred to as "implied consent" laws. Under these laws, a person who has been arrested may refuse a post-arrest test. However, such a refusal will result in a minimum license suspension of 180 days in both Massachusetts and New Hampshire. Such suspensions may be significantly longer, depending on an individual's prior history. In Massachusetts, a refusal to take a post-arrest breath test is not admissible in trial. However, in New Hampshire such evidence may be considered against you. Of course, if you do take a test, and the result is above the legal limit, you will be charged with operating under the influence. In some cases individuals can be, and have been, charged even when the test result is simply close to, even though under, .08.
Unfortunately, there is no simple "one size fits all" answer. Whether you should take a breath test depends on your personal circumstances, including your prior history, and an honest self-assessment of your level of impairment. If you have had very little or no alcohol, submitting to and passing a breath test may actually result in you not being charged -- and will avoid a license suspension for refusing a test. Under such circumstances, taking a test may present a reasonable option. However, if you are feeling the effects of alcohol, even slightly, you should think long and hard before submitting to a test and should remember that your attorney will usually have a much better opportunity to obtain a favorable result for you in court if you refuse the test.
The police would like to speak with me about a crime. What
should I do?
Contact an attorney. Even if the police tell you that you are not a
suspect, that information may not be true. The law gives police
officers wide latitude to lie to citizens to obtain statements and
even confessions. The police are trained in the use
psychological tactics to get you to say what they want to hear in order to use it against you later. Recent surveys of convictions overturned on appeal by new DNA evidence reveal that more than 20% of these cases involved "confessions." In other words, in those cases, the police were able to get people to admit to crimes that they did not commit! We know that these convictions were false because in each case a judge agreed that on the basis of incontrovertible DNA evidence the person who confessed and spent years in prison did not commit the crime.
You have an absolute right to refuse to speak with a police officer. If a police officer asks to speak with you, you have the right to tell the officer that you do not wish to speak with him or her and that you would like to consult with an attorney. A police officer is required to respect these rights and must cease any questioning immediately. Asserting your right to remain silent and your right to an attorney may not be used against you later at a trial.
An attorney can speak with you confidentially. Your conversations with that attorney are "privileged", meaning that your attorney cannot tell anyone what you have told him or her without your permission. The attorney can then make an assessment to determine whether or not you appear to be a suspect. Following that determination, the attorney can assist you with a strategy to fit your needs. That strategy may involve attempting to secure an immunity arrangement (a legally binding agreement that your statements may not be used against you) or it may be to contact the police to tell them that you do not wish to speak, essentially acting as a buffer to protect you from them.
ÊÊ I was recently arrested. I'm guilty. So I think I should just
ÊÊ plead guilty without hiring an attorney. Is that a good idea?
ÊÊ No. It is almost never advisable to act as your own attorney and
ÊÊ to enter a guilty plea without consulting with a lawyer. If you are
ÊÊ charged with a crime you should enter a not guilty plea and consult
ÊÊ an attorney immediately. A lawyer can advise you of all of the consequences of a guilty plea (many of which you may not have been aware of), knows whether a plea bargain proposal offered by the government is reasonable in light of the circumstances, and can negotiate effectively on your behalf to obtain a fair result.
If the police ask me for permission to search my home, my person, or my car, what should I do?
You have the right to refuse a search, but not to physically resist. Police officers may legally conduct searches, even without consent and without a warrant, for a variety of reasons. However, when they do so, they may later have to provide justification for the search in court. A judge will then decide whether the search was reasonable and whether the evidence obtained will be allowed to be presented by the government at trial. If you consent to a search, you will have eliminated nearly all defenses related to the legality of the search. Never physically resist an officer who is trying to arrest you, and never interfere with a search, even if you believe it is illegal!
Under what circumstances may a police officer stop me while I'm
driving?
A police officer must have a reasonable suspicion that you have
committed, or are in the process of committing, a criminal offense or motor
vehicle infraction. There are countless reasons allowing a law enforcement
officer to justify detaining a motorist, including the following:
- Weaving or crossing over lane markings, even slightly
- Following too closely
- Speeding
- Driving too slowly
- Failing to maintain a steady speed
- Erratic driving
- Failure to signal a lane change
- Failing to come to a complete stop at a stop sign
- Failing to stop for a traffic light
- Illegal turn
- Driving at night without headlights on
- Expired registration or overdue inspection
- Faulty equipment, such as a burned out headlight or taillight or even a burned out license plate light
...and many, many more. In other words, an officer may pull you over for nearly any reason at practically any time, even though, as we've all seen, police officers frequently break many of these same rules themselves in non-emergency situations.
- Borofsky, Amodeo-Vickery & Bandazian :
This web site contains more information about our legal practice and our attorneys. Use our Resources section as your starting point for legal, medical, financial research and more. Check our News section for information about our seminars and new developments, and our Cases section for our important appellate decisions, including our multimillion dollar verdict against New Hampshire seacoast attorney Seth Bader who terrorized and then murdered his ex-wife, Vicki Bader, and our most recent Supreme Court victory, Appeal of Thomas Wingate.
- Gottesman & Hollis:
The State must prove guilt beyond a reasonable doubt. There are instances when
a person can appear intoxicated and be quite sober. Consequently, as with any
accusation by the State, it is best to say nothing and do nothing which could
be misconstrued and possibly used against you at trial. However, the police can
utilize other evidence to convict you of a DWI charge if you refuse to take a
breathalyzer (now known as intoxilizer) test. This evidence could include, for
example, the officer's observations regarding the operation of your motor
vehicle (if erratic driving) and the results of sobriety tests.
- Plaistow
- Bostock, Fitzgerald & Saia-Rogers:
It is vital to request an administrative licensing suspension hearing within 20 days of your DUI arrest, because if you fail to request such a hearing, you will automatically lose your license for six months and waive the right to challenge this suspension of your license.
- Jacqueline Fitzgerald:
You should consult an attorney for individual advice regarding your own situation.
- Portsmouth
- Dwyer, Donovan & Pendleton:
If you, a family member, or friend is charged with or involved in a criminal investigation, it is important to have competent legal counsel representing you as early in the process as possible. All of the DDP attorneys are experienced criminal defense lawyers, having represented clients on felony, misdemeanor and other criminal matters, specifically including Driving While Intoxicated/Driving Under the Influence cases (DWI/OUI) matters. Attorney Pendleton is also certified in standard field sobriety tests.
- Richard Foley:
Driving under the influence (DUI) and driving while intoxicated (DWI) laws make it unlawful to operate a vehicle while 1) impaired by the effects of alcohol, illegal drugs, or prescription medication, or 2) intoxicated at a level beyond set DUI/DWI standards, such as blood-alcohol count (BAC). Many states carry "implied consent" laws requiring that licensed drivers submit to a chemical test if suspected of DUI or DWI. Costs and criminal penalties associated with DUI/DWI vary according to the circumstances of the offense, but license suspension, fines, and jail time are typical consequences.
- Swen Wiberg:
- If you have been accused of, charged with, or arrested for a crime, whether it is a first offense DWI, a Misdemeanor, or a Felony, then you need the best defense and you need it yesterday.
- Hardly a week goes by when we don't read of falsely accused and wrongfully convicted individuals being freed after spending years behind bars because of incompetent or overworked defense attorneys, mistaken eyewitness identifications, corrupt laboratory technicians, or over-zealous law enforcement officials.
- With the stakes so high, no sane defendant can afford to roll the dice when selecting an attorney.
- DesFosses Law Firm:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent.
- Salem:
- Richard Gaudreau:
Know your legal rights and have an aggressive advocate on your side.
- Mark Stevens:
Many people believe that breath testing is an accurate method of determining
the amount of alcohol in a person's blood. In fact, breath testing is far from
accurate and as currently used is fraught with error which can lead to false
high readings that are significantly higher than a person's true blood alcohol
content at the time of the test or at the time of operation based upon a number
of variables not taken into account by the machine.
Back to Drunk Driving Defense Attorneys
|