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Manchester DUI Lawyers

1. Normand & Associates: Driving While Intoxicated (DWI): If you have been charged with DWI, do not delay. The potential penalties are severe. You should seek the advice of an experienced DWI attorney immediately in order to preserve important rights. Penalties: Whether you know it or not, you impliedly consent to certain physical and/or chemical tests when you drive in this State and are arrested, and a police officer has reasonable grounds to believe you were driving while under the influence of alcohol and/or drugs. This is commonly known as Implied Consent or Administrative License Suspension (ALS). If you submit to a test and your Blood Alcohol Content (BAC) is .08 or greater (.02 or greater for drivers under the age of 21), than the New Hampshire Department of Safety (D.O.S.) will seek to suspend your license for 6-months on a first offense, and 2-years for a second offense. You can refuse such testing, but D.O.S. will nonetheless seek to suspend your license for the periods referenced above and your refusal will most likely be used against you in court. Moreover, any license loss imposed by D.O.S. will run consecutively to anything imposed by the court. *** You Have Important Rights *** You have a right to challenge the ALS suspension, but must do so within 30 days or your right to do so will be lost! In most cases (except for cases involving blood draws), you only have 30 days from the date of your arrest to challenge the ALS suspension by requesting an Administrative Hearing at the D.O.S. in front of a Hearings Examiner. If you fail to request a hearing, your right to do so is forever waived. You would lose the opportunity to possibly prevent the ALS suspension. You would lose an important bargaining chip to use in plea negotiations with the State. You would lose the opportunity to question the arresting police officer(s) under oath and to obtain a transcript of this proceeding to use when plea bargaining and/or at the time of your trial in court. Do I Blow ? Many people wonder whether they should submit to testing or not (including field sobriety tests). Generally, if you think you are over the legal limit, do not submit to testing. If you feel you are below the legal limit, take any tests offered to you. Most people are able to metabolize one drink per hour. In addition to the ALS, you must also deal with the court case that follows a DWI arrest. A first offense DWI is now considered a crime in the State of New Hampshire and carries a mandatory minimum penalty that includes a $500 fine and a 9-month loss of license. In order to get your license reinstated, you must also complete what is referred to as the Impaired DriverÕs Intervention Program (IDIP). Impaired Driver Intervention Programs Alcohol Awareness Program Link A second offense within 2 years of the first carries a 3-year loss of license, a $750 fine, and a mandatory 30-day jail sentence, followed by a 7-day residential intervention program. A second offense committed beyond 2 years of the first, but within 10 years, carries a 3-year license loss, a $750 fine, and a mandatory 3-day jail sentence, plus the 7-day residential intervention program. The penalties get worse the more convictions you have. And a fourth offense can now be charged as a felony in New Hampshire. In addition to the penalties described above, a DWI conviction can have collateral consequences depending on other factors, such as the type of license you hold (e.g. CDL), your motor vehicle record (Habitual Offender), immigration status, employment status, etc. For example, many people would never guess that a DWI conviction can result in certain travel restrictions (e.g. entry into Canada and other countries). You should consult a lawyer about the specific facts and circumstances surrounding your case. 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) the Walk-and-Turn test, and (3) the One-Leg-Stand test. 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 they look for in determining whether you pass or fail. Beat the Field Sobriety Tests. The Horizontal Gaze Nystagmus Test (HGN) 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 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 degrees (0 degrees being the starting point straight out in front of your nose)], the officer will note whether you are able to follow instructions Ð typically whether youÕre 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 in his report as a sign of impairment. The Walk-&-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 Test 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, approximately 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 Òone thousand one, one thousand two, etc.,Ó 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 what the rules are, you can beat the Field Sobriety Tests. DWI: A QUESTION OF JUDGMENT Picture this: You go out for the evening and have some wine with dinner. You feel very much in control. While driving home, you suddenly see the flashing blue lights of a police cruiser pulling up behind you. The next thing you know, a police officer is asking you to do some "tests" at the side of the road, followed by an arrest for DWI. Is this situation Hopeless? Not by a long shot. The vast majority of people charged with DWI are alleged to have been driving while "impaired" by alcohol or "under the influence" of liquor. What do those words mean? Even with today's so-called "field sobriety tests", breath tests, and blood tests, the ultimate decision about whether someone was impaired by alcohol while driving is up to a judge or jury. To put it simply, it is a judgment call made on a case by case basis. If you feel that you have been wrongly accused, you do not have to settle for a police officer's opinion. If you refused consent to blood alcohol testing, you may need to defend yourself before a criminal court and the DMV. Both types of review offer opportunities for improving the outcome and potential penalties you may be facing. We, of course, encourage you not to drink and drive. If, however you are arrested, you should hire a lawyer before risking a license loss and the other serious consequences that can result from a conviction. These cases can be successfully defended, but you will need an experienced attorney on your side. DWI charges are perhaps the most complicated of motor vehicle charges. You need an experienced lawyer who can investigate and evaluate your case and, if necessary, defend you at trial. Legal Tip: Did you know that a charge of DWI, first offense, is now treated as a Class B misdemeanor? This means that a conviction will result in you having a criminal record. That criminal record could haunt you when trying to obtain a job or promotion. Call us for a free telephone consultation to discuss your rights. Resist the temptation to simply enter plea of guilty, even if you made a mistake the day or arrest.
2. BRENNAN, CARON, LENEHAN & IACOPINO: traffic offenses, DWI and major motor vehicle offenses, felony prosecution and Òwhite collarÓ crime defenses
3. Green & Utter: Violation Level Offenses Computer Crimes Federal Cases DWI/Motor Vehicle Felony Charges Homicide Misdemeanor Charges Sexual Assaults Pornography Juvenile Proceedings Drug Cases White Collar Crime
4. Gilman, Cynthia: Criminal Defense It is never anyoneÕs intention to commit a criminal offense or serious motor vehicle violation (i.e. DWI) and land themselves in the middle of the legal system with no understanding of the process. The unfortunate reality is that good people make bad decisions and need assistance in dealing with the fallout from those decisions.
5. Bratton & Springer: civil litigation, criminal defense, personal injury and family law
6. Bossie & Wilson: DWI, Motor Vehicle offenses, Criminal Defense, Divorce, Custody, and Support, Domestic Violence, Wills & Trusts, and Personal Injury matters
7. Backus, Meyer & Branch: There are various requirements prosecutors must meet in order to obtain a conviction. Unlike a civil case, the State and the prosecutor in a criminal matter has to prove to the judge or jury beyond a reasonable doubt the individual is guilty of the crime charged. If you are guilty of a crime, you could face a jail sentence, a fine, or both. With so much at stake, it is important you contact an attorney quickly to protect your rights and liberties. Criminal charges are just accusations. Just because you are charged does not mean you are guilty.
8. Horan, David: Criminal Defense Domestic Violence DWI Felonies General Trial Practice
9. Glennon, Martin: WI/OUI/DUI-DRUNK DRIVING If you have been charged with DWI/OUI/DUI (all common names for operating while impaired), you are about to enter a realm of the law that will have significant impact upon your life. Your job, your family life and the inherent costs associated with a conviction for this type an offense can be life-altering. Your freedom to travel where and when you wish will be changed by not having a license. Many will tell you that there is Òno right to operate a motor vehicle; it is a privilege.Ó The real answer is that your license is a necessity, especially in a state where public transportation is likely non-existent. In addition, New Hampshire makes DWI a crime. Criminal offenses can be reasons for discharge from employment and your inability to enter the military or secure employment. This is especially important for young people just entering the job market. If you were sick, you would never think about operating on yourself. If you are charged with this type of offense, you should at least consult with an attorney experienced in this area before you make any decisions. You may have many defenses, including whether the police had the right to stop your motor vehicle, whether they correctly administered the Field Sobriety Tests, whether there was sufficient evidence even to arrest you. In addition, you will be requested to submit to a breath, blood or urine test. Were the tests properly performed, was the equipment certified and operating properly? In the case of blood sample, you have a right to challenge whether the blood was properly tested by the State of New Hampshire. You should also be aware that there a significant penalties imposed upon you if you have previously been convicted in this or another State for DWI. This can include mandatory jail sentences as well as indefinite loss of your license. If you do not reside in New Hampshire, your right to operate in this State will be revoked and they will advise your State of the conviction in New Hampshire. You may be subjected to an additional or even longer period of license loss.
10. 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
11. 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!
12. Keefe & Browne: Criminal offenses and violations are classified into three broad categories in the State of New Hampshire. >> Violations >> Misdemeanors >> Felonies
13. 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.

14. 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.
15. Schrepfer, John: 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.