FREQUENTLY ASKED QUESTIONS

1) that you were operating a motor vehicle
2) on a way
3) In New Hampshire
4) while impaired or with a blood alcohol content of .08.

Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don’t take the breathalyzer, and that your license will be suspended. What they don’t tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.

This is the million dollar question. It is also impossible to answer in this brief manner.
There are a myriad of ways to defend a DWI charge that depend on the particular circumstances of your case.
Did the officer have proper grounds to stop your car?
Did the officer have probable cause to place you under arrest?
Did the officer conduct the field sobriety tests properly?
Did your performance on those tests really prove you were impaired?

Remember, the police officer must prove that you were impaired beyond a reasonable doubt. That is a very high burden of proof and our lawyers are skilled at raising reasonable doubt in the minds of judges and juries. Rest assured that we leave no stone unturned in formulating your defense and you will be kept very much apprised of all the possible defenses we may employ in your case.

People often think that there is no way they could defend the charge and that they were caught “red-handed”. That is because they are looking at the facts of their circumstance with untrained eyes.  For example, just because you told the officer you had a “couple drinks”, you need to realize that what you didn’t say was, when you had them, what were they, that you finished the second one, etc. trust us to evaluate the strength of your case and don’t be too eager to fall ont he sword.

The only was to do this is to file for an Administrative License Suspension hearing with the Department of Motor Vehicles. At this hearing, we can challenge that the officer had reasonable grounds to believe that you were driving while impaired. This hearing must be requested within 30 days of else your license suspension will go into effect and can not be challenged.

No. A first offense DWI is a class B Misdemeanor which means you cannot be sentenced to jail.

In New Hampshire, a first offense DWI is a misdemeanor. As such, it will appear on your criminal record as a crime. However, there are nuances in the law which allow you to file a motion with the Court after one year to reduce the misdemeanor to a violation level offense. A speeding ticket is a violation level offense. If successful, and our lawyers are almost always successful in this effort, your conviction will be removed from your criminal record.

For a first offense they can range from $500.00 up to $1,200.00. For a second offense or an aggravated DWi, you can be fined anywhere from $750 up to $2,000

Absolutely not. A breath sample from an Intoxilyzer machine can be inaccurate. There are ways to attack the validity of the breath test results.

You should expect that your lawyer has significant experience in handling DWI/DUI matters. You should expect to have a free consultation where the lawyer will sit down with you and explain the process, the law, consequences and defense strategies to you in an understandable way. Ultimately, you should expect that your lawyer is going to fight and fight hard hard for your rights. We understand these expectations and know how to meet expectations and deliver results. Call and talk to us about your case, we’re certain you will feel comfortable with our team.

If you are in custody, an officer must read you your Miranda rights before asking you questions about the offense. If he or she does not, then any statements you made while in custody may be thrown out of Court. This is a simplified explanation of a very complicated area of law. Our lawyers can explain how Miranda applies to your case in a free consultation. Call us today to redeem your free consultation.