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New Hampshire Drunk Driving Defense Attorneys

1. Bedford
2. Burlington
   1. 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.
3. Concord
4. Derry
   1. Germaine, Brian: * Felonies * Misdemeanors * DWI * Thefts Ð burglary, robbery * Drugs Ð possession of controlled drug, sale of drugs * Violations of probations/parole * Violation of restraining orders * Department of Safety Ð speeding, license suspension * Annulments or expunges
5. Dover
   1. Gross, Howard: History/ Overview * For over two decades, the various states have passed legislation that gradually stiffens penalties for DWI. Every DWI in New Hampshire is now a criminal offense. All forms of DWI carry mandatory license suspensions, fines and alcohol education/treatment programs upon conviction. From a time in the not-so-distant past when .10 was the standard, we are down to .08, and in the case of under-21 drivers, .02. Records of convictions now remain in tact for 10 years instead of seven (7). And without a doubt, bills encouraging stricter laws are on the horizon. Hidden Cost: The Administrative License Suspension (ALS) * In addition - and what many people do not realize - is that for virtually every DWI arrest, an Administrative License Suspension (ALS) is issued by the Department of Safety/ DMV. In most cases, this suspension takes effect within 30 days of your arrest. The theory behind the ALS is that drivers need to be taken off the road swiftly without regard to the result in the DWI; the practical effect can be devastating, resulting in suspensions that exceed the court-imposed suspension by as much as two (2) years in some cases. This process is swift and cannot be ignored. We immediately institute an appeal on your behalf and make an all-out effort to prevent this from happening. Loss of License * For most people, the highest priority is eliminating or limiting the loss of license. A first offender faces a 9-month loss of license on the DWI conviction alone (not including the ALS), with the exception of those under the age of 21, who stand to lose their licenses for a minimum of one year, exclusive of the ALS. Subsequent offenders face minimum penalties of 3 years and more, depending on the number of prior convictions they have incurred. Our highest priority is getting and keeping you on the road. New Hampshire has no drive-to-work licenses, which makes this aspect of our work even more critical. Jail Time * Part of the emphasis on DWI enforcement in this area is the increasing use of committed jail time. Once reserved only for repeat offenders, jail time can now be imposed in cases of Aggravated DWI. Additionally, those charged with consecutive DWI's that occur within 2 years of one another now face 30 day sentences. As always, subsequent offenders whose arrests occur outside the 2-year window face a lock up total of 10 days between jail and the Multiple Offender Program. In these instances, we work to keep you out of jail, first and foremost. Where a high blood alcohol reading results in an Aggravated DWI charge, our 23-year history gives us the experience to analyze and challenge it. And with subsequent offenses, charges can be fought or sentences structured so that no jail time is imposed.
6. Durham
   1. Nary, Norris and Schlapak: criminal law, family law, estate planning, wills, elder law,
7. Exeter
   1. Bostock & Donais: DUI Defense As experienced DUI attorneys, we keep abreast of the changes related to the drunk driving laws in Massachusetts. As a result, we provide all of our clients with effective representation whether they are charged with their first, second, or third DUI.
   2. 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.
8. Franklin
   1. Seufert Law Offices: The facts about DWI / DUI In New Hampshire, DWI and DUI both stand for driving while under the influence of intoxicating liquor or drugs. A person who drives or is in actual physical control of a motor vehicle, upon a way, and who is impaired to any degree from the use of drugs or alcohol, can potentially be convicted of DWI. It is important to understand that an operator only has 30 days to contest an initial driverÕs license suspension and request a hearing at the NH DMV. There are four DWI charges. They are: * DWI (first offense) Ð Class B Misdemeanor o .08% blood alcohol level, and/or impairment to any degree from alcohol. o Minimum fine of $500.00 (plus a 20% penalty assessment), and 9 months up to 2 years loss of license, completion of the impaired driver program, and a $100.00 o reinstatement fee (plus additional suspension period under the DMV ALS rules) * Aggravated DWI Ð Class A Misdemeanor o .16% blood alcohol level (or other factors such as excessive speed, and attempts to elude police while under the influence of alcohol) Minimum fine of $500.00; license loss for 18 months up to 2 years (may petition the Court to reduce to 12 months after completion of the alcohol program. Minimum 10 days in the House of Correction (7 days of that in the Multiple Offender Program). * DWI, 2nd, or subsequent offense Ð Class A Misdemeanor o Prior conviction of DWI within the last 10 years. Minimum fine of $500.00; loss of license for 3 years, minimum. If prior conviction within 2 years, 37 days House of Correction sentence including the 7 day Multiple Offender Program. If prior conviction more the 2 years old, but within the last 10 years, must serve 10 days in the House of Correction and complete the Multiple Offender Program. * Felony Aggravated DWI o Accident resulting with serious bodily injury. Minimum fine of $1000.00. Potential NH State Prison Sentence.
9. Laconia
   1. Normandin, Cheney & OÕNeil: personal injury claims, including motor vehicle and other accidents, products liability claims and medical malpractice; employment related claims, including wrongful discharge, workplace discrimination and sexual harassment; commercial and contractual disputes; real estate and land use issues; criminal matters; civil rights actions; and family law matters
10. Lancaster
    1. Leonard Harden: When charged with a crime, it is vital that you speak to a qualified criminal defense lawyer immediately.
11. Lebanon:
    1. St. Hilaire, Ricardo: DWI / DUI / Drunk Driving License loss, jail, fines, higher insurance premiums, and fees are the potential consequences facing you if you have been charged with driving while under the influence of alcohol and/or drugs. Attorney Rick St. Hilaire has been handling DWI/DUI cases since 1995. Call to have him represent you through the court process and your Administrative License Suspension hearing so that you can find out your trial defenses and/or your options to minimize the affect of these charges on your life.
    2. 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.
12. Londonderry
    1. 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.
13. Manchester
    1. Craig & Gatzoulis: Criminal Defense * DWI * Motor Vehicle Offenses * DMV Hearings * Drug Charges * Domestic Violence * Sexual Assault * Juvenile Law * White Collar Crimes * Computer & Pornography * Crimes Sentence Reduction & Modification
    2. Hansen, Albert: In order to establish probable cause to arrest, the investigating officer will typically employ a battery of standardized field sobriety tests consisting of (1) the Horizontal Gaze Nystagmus test (HGN), (2) Walk-and-Turn, and (3) One-Leg Stand. These tests are difficult to perform even if you are sober. But what is even more unfair is while the investigator will explain, and should demonstrate, how to perform the tests, he or she will not tell you about the clues (s)he looks for in determining whether you pass or fail. If you understand the rules, you can increase your chances of beating the field sobriety tests. Horizontal Gaze Nystagmus:For example, when conducting the HGN (nystagmus = involuntary jerking of the eyes, normally almost imperceptible, but exacerbated by elevated levels of blood alcohol), the officer will tell you that he is going to check your eyes. He will instruct you to keep your head still and follow the stimulus (usually a pen), with your eyes only, and to keep focusing on the stimulus until he tells you to stop. He is supposed to hold the stimulus 12-15 inches from your face/nose. In addition to the three standardized clues [(1) lack of smooth pursuit - eyes unable to track stimulus smoothly; (2) distinct and sustained nystagmus at maximum deviation - jerking more pronounced when no white showing in the corner of your eye; (3) onset of nystagmus prior to 45 degrees - eyes start jerking before the pen reaches 45 degress (0 degrees being the starting point straight out in front of your nose)], the officer will note whether you are able to follow instructions - typically whether you're able to remember to keep your head still and follow the stimulus/pen with your eyes only. At the start of the test, he will not tell you that if you fail to do this, he will note it as a sign of impairment. Walk-and-Turn: When the officer conducts the Walk-and-Turn, he will begin with the Instructional Stage and tell you to place your right foot in front of your left foot, touching heel-to-toe. Keep your arms down at your side. Hold the position until told to begin. He will then move on to the Demonstration and Walking Stage and tell you to take nine heel-to-toe steps down a line (imaginary line if no line exists), turn around, and take nine heel-to-toe steps back. The officer will tell you that when you turn you should keep your front foot on the line and turn by taking a series of small steps with the other foot. When walking, keep your arms down at your sides, watch your feet, and count your steps out loud. The police officer will not tell you that he or she will look for eight clues. Whether you can (1) keep your balance during the instructional stage (whether your feet break apart), (2) start before being told to begin, (3) stop while walking to steady yourself (more than a couple seconds), (4) do not touch heel-to-toe (1/2 inch or more), (5) step off the line (one foot entirely off the line), (6) use your arms to balance (raise one or both more than 6 inches from side), (7) turn improperly (remove both feet from the line), and (8) take incorrect number of steps. The officer will not tell you that if you exhibit two or more of these clues, he will mark you down as having failed the test! One-Leg-Stand: Like the Walk-and-Turn, the officer will start with the Instructional Stage and tell you to stand with your feet together and your arms down at your side. Do not start until told to begin. He will move to the Demonstration and Balancing & Counting Stage by explaining that when he tells you to start raise one leg, either leg, approximatley 6 inches off the ground, toes pointed out. Keep both legs straight, arms at side. While holding that position, count out loud to 30 beginning with "one thousand one, one thousand two, etc.," until told to stop. Keep your arms at your sides and keep watching your raised foot. The officer will not tell you that if you exhibit two or more of the following clues, you will fail the test: (1) sway while balancing, (2) use arms for balance (raising them 6 inches or more), (3) hop, or (4) put your foot down. Now that you know the rules, you can beat the Field Sobriety Tests!
    3. Keefe & Browne: Criminal offenses and violations are classified into three broad categories in the State of New Hampshire. >> Violations >> Misdemeanors >> Felonies
    4. 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.

    5. 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.
    6. 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.
14. Nashua
15. New London
    1. Cornelio, John: Traffic Law DUI/DWI Sober Living as Alternative Sentencing for DUI/DWI A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state's laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives. More... Probable Cause in Drunk Driving Cases In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter. More... Driving on a Revoked or Suspended License A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked. More... Diversion Programs for DUI/DWI Offenses Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs). More... Elements of DUI/DWI Offenses Involving Operation of Aircraft It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More...
16. Plaistow
    1. 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.
    2. Jacqueline Fitzgerald: You should consult an attorney for individual advice regarding your own situation.
17. Portsmouth
18. Rochester
    1. Brown, Stephen: DWI / DUI /OUI Important constitutional and other important rights can be lost if you fail to act within 10 days after arrest. If you have been accused of a driving while intoxicated (DWI), driving under the influence (DUI) of drugs or alcohol or operating under the influence (OUI), the experienced attorneys at Brown Law will help aggressively and effectively represent your rights and interests. We are skilled at protecting people in all counties in the State of New Hampshire. These include those accused of felonies, misdemeanors, driving while intoxicated (DWI / DUI / OUI ) and any other offenses. * DWI / DUI defense DWI / DUI / OUI Frequently Asked Questions What can the police do before they arrest me? They can ask you to identify yourself and briefly question you about the incident. What should I do when if I am questioned by the police? Think carefully about your words, movement, body language and emotions. Don't get into an argument with the police. Don't run, don't resist. Don't touch the police officer. Do not make any statements regarding the incident because anything you say or do can be used against you. Ask for a lawyer immediately upon your arrest. Tell the police only your name and address, you can make your defenses in court. Do the police need a warrant to search my car or home? The police need a warrant to search your home unless you consent. The police can search the area around your car and can look into the windows of your car without your consent. In order to look inside compartments in your car or inside your pocket book, police need either your consent or a warrant if you are not under arrest. What are my ÒMiranda RightsÓ and when should I get them? Your Miranda rights are the right to remain silent, a warning that anything you say will be used against you in court, the right to have an attorney and the right to have an attorney present before any questioning. Your Miranda rights should be given when you are arrested or when you are taken into custody. You should NOT make any statements until you talk to an attorney. Do I need a lawyer? It is always good to seek a professionalÕs advice on your particular issues. Criminal convictions can mean jail time, loss of employment, penalties and consequences for future offenses. If you cannot afford an attorney, you can always contact the Public DefenderÕs office or ask for Òan appointed attorneyÓ. If you have any questions, please contact our office to speak to an attorney about your concerns.
19. Salem
20. Unknown
    1. Anzalone Legal: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DWI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. "Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DWI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DWI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. "Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DWI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.