NH Legal Resource | Personal Injury | DWI | Criminal Law | New Hampshire Lawyer

No matter how much work you and your attorney put into your case, and no matter how solid your defense may be, you may still be found guilty.

Particularly in our culture right now, there is no other crime that is more disparaged both in the media and in the courtroom.

No matter how much preparation you are doing to present an impeccable defense, you need to also be prepared for the possibility of a guilty verdict.

Your attorney will not make you any promises or lead you to believe that your acquittal is guaranteed.

By the time you come to trial, you should have your affairs in order and be prepared for the possibility that you will be going to jail (if it is an aggravated DWI) and/or facing fines, license suspensions, and a criminal record.

You should work to ensure that your family is minimally impacted financially and emotionally.

You should talk to your boss at work to determine what his or her expectations are and whether or not you will be able to keep your position.

If you are going to appeal the verdict, it is possible to get your sentencing postponed until after the appeal, especially in misdemeanor cases, although there is generally no stay (delay of imposing) the license suspension.

You would be required to post an appeal bond to postpone the sentencing.  Prepare, however, for the “worst-case” scenario by preparing your spouse, children and parents.

Most importantly, mentally prepare yourself to accept whatever happens with calmness and dignity.

NH DWI Lawyer with Specialized Training and Expertise

If your DWI attorney is experienced, professional and polished, his performance in the courtroom may seem effortless.

Unless you have the chance to see a not-so-polished attorney at work, you may not realize the benefit you have, but the years of experience, training, and relationship building that your attorney has done pay off.

Perhaps it is the officer who pushes the prosecutor to accept a deal because he knows your attorney can tear him apart on cross-examination.

Perhaps it is the judge who knows from years of experience that your attorney presents solid, well-researched motions.

Either way, the years your New Hampshire attorney has spent developing his law practice directly benefit you and your case.

Be Realistic During Your Drunk Driving Defense Case

DWI attorneys are not magicians.

They cannot magically erase evidence nor can they make the events that precipitated your arrest go away.

What they can do is bring your case out in the best light possible, and exclude and discredit as much evidence as possible.

It is up to you to recognize that your case may have certain problems, and to realize that your flexibility will be one of the keys to a successful outcome.

You must understand that the court system is set up in such a way that the defense attorney does not control everything.

Your attorney cannot control the timing on certain hearings, nor can he or she control what order your case is heard.

In addition, only you know how much you can afford to fight, how realistic it is that you will be able to completely beat the charges.

If your attorney goes over everything with you and determines that you might be further ahead to plea bargain, it is worth listening to his or her reasoning.

Refusing to submit to alcohol concentration testing is not without its own set of consequences.

Not only will your license be suspended, but some states are beginning to make penalties even more severe by adding fines, suspending your vehicle registration and adding jail time.

In California, you can be sentenced to time in jail if you refuse chemical testing (an implied consent violation) and have been convicted of a DWI before.

Nebraska and Alaska are now jailing people who refuse to take the chemical alcohol concentration tests for the first time, even if they have never had a DWI charge before.

Right to a DWI Defense Attorney

In New Hampshire, you do not have the right to consult with an attorney before deciding whether or not to submit to alcohol concentration testing.

As mentioned in previous chapters, you should always politely decline to participate in field sobriety tests, and you should most certainly make the request to see or consult with your attorney, so that if they deny you that consultation, your attorney can argue that you were being reasonable when refusing testing, since you were unable to consult with your attorney.

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Almost as quickly as there were vehicles to contend with, there were laws describing how to handle drinking and driving.

Testing for alcohol concentration levels became a sure way for the state to ensure a conviction – it was undeniable proof of being over the statutory alcohol concentration limit (0.10 percent before 1994, 0.08 percent from 1994 to the present).

It should not be at all surprising that drivers who had been drinking began to refuse testing, which is why implied consent laws were enacted.

While the laws establishing implied consent are different in every state, the basic idea is the same: in order to get your driver’s license, you have to sign an acknowledgment stating that you agree to comply with alcohol concentration testing.

However, you do not have to be a licensed driver in the state of New Hampshire to be subjected to the state’s laws if you commit a crime here.

New Hampshire’s implied consent laws state that just by driving on the road, whether you are driving with a New Hampshire driver’s license or not, you have given consent to testing should you be arrested for suspicion of driving while intoxicated.

Protection Under the Law

If the officer fails to inform you of your rights under the implied consent law, the test results may be inadmissible.

The officer must inform you of your rights and have you sign an Administrative License Suspension (ALS) form.

Refusing to sign the form does not work to prove you were not made aware of your rights, but the officer must clearly explain to you that if you refuse to take the test, your refusal can be admitted as evidence against you.

To inform you of your implied consent rights, the officer must inform you of the following:

1. You have been arrested for an offense arising out of acts alleged to have been committed while you were driving under the influence of alcohol or drugs.
2. You are being asked to submit to a test or tests, at the discretion of a law enforcement officer, in order to determine the alcohol or drug concentration in your system. You may be asked to perform a breath, blood or urine, physical test, or any combination of these.
3. You have the right to a similar test or tests of blood, urine or breath taken by a person of your own choosing at your own expense. Upon your request, you will be given the opportunity for such additional test(s). You also have the right to obtain a portion of the state’s sample of your  blood, urine or breath for testing at your own expense.
4. If you submit to a blood, urine or breath test which shows an alcohol concentration of 0.08 or more (or if you are under age 21, of 0.02 or more), your New Hampshire driver’s license, operating privileges, non-resident operating privilege and/or right to drive in this state will be suspended.
5. If you refuse to take a test or tests, the refusal can be admissible in court.

Refusals

If you refuse to submit to a test requested by the officer, your New Hampshire driver’s license/operating privileges or non-resident operating privilege to drive in the state will be suspended.

The officer will actually confiscate your license and provide you with a temporary 30-day license (license suspensions in New Hampshire require a 30-day notice).

New Hampshire does not offer work permits or restricted licenses, so once you are without a license, you cannot drive until your license is restored (either through an administrative appeal or after the suspension term is completed).

Implied Consent Defenses

While none of these defenses will apply to an administrative license suspension, certain criminal defenses may be mounted.

Being arrested is the key: in order for the state to invoke implied consent, they must arrest you, and in order to arrest you, they must have reasonable suspicion to stop you in the first place.

It is in this area that your attorney may find the most leeway in building your defense.  Did the officer have a legitimate reason to pull you over?

Did he or she have probable cause to arrest you in the first place?

Did he or she inform you of your Miranda rights?

Did the officer provide you with your informed consent rights?

If you get arrested, your attorney will thoroughly examine the steps that were taken to ensure that your implied consent rights were not violated.

If you were allowed to have an attorney available at the time of the traffic stop, you would most likely be advised not to comply with the testing, regardless of the threat of suspension, because it is much more difficult for the state to prove their case without the specific “scientific” evidence of your alcohol concentration level.

Contact Attorney Ryan Russman for a free drunk driving case review.