Halloween in New Hampshire is right around the corner and falls on a Friday this year. Trick or Treat times varies statewide. Over the years, the once child-centric holiday has morphed into an adult holiday known as the Halloween costume party. Bars and private homeowners typically host costume parties and provide free drinks or bar drink specials. Because of this growth amongst adults, police have noted that Halloween joins the ranks of Fourth of July and the Super Bowl when it comes to DUI arrests.
While not drinking and driving is the ideal way to ward off a DUI arrest, those that do drink too much often find themselves watching the police car lights flash in their rear view mirror. If you do find yourself in this situation, there are basic legal rights which you should be aware and behaviors that may help your case rather than hurt it.
First and foremost, always project a cooperative and polite manner toward the officer. While you may be frustrated, scared, or even angry that you have been pulled over, your tone and demeanor will impact how the situation unfolds. Maintain a respectful tone and comply with the legal requests given to you. This entails handing over your license, registration, and insurance information. Choose words carefully and say as little as possible.
Aside from your words, your actions may be used against you. Actions that are often used against someone facing a DUI charge typically relate to field sobriety tests. These tests are difficult to pass when completely sober and are equally difficult under duress. Plus, there is no exact science behind them and the results or interpretations are purely subjective. Outside factors, such as health issues, emotional stress, and weather, can all play a role in how results are judged. Because they are not scientific, you have the legal right to decline to take one. However, in New Hampshire, if you refuse field sobriety tests, as well as breath or blood tests, this refusal can be used against you at trial whereas in Massachusetts this is not the case. Also, in New Hampshire, refusal of breath or blood tests may lead to loss of operating privileges through DMV. This will be in addition to anything the court may impose if you are found guilty. On the flip side, if you refuse these tests it makes it more difficult for the state to prove the case against you. There is no one right answer here. You know yourself better than anybody. So if you find yourself in this situation make the best decision you can at the time and hope that it’s the right one.
Fighting Your Charges
A DUI charge is never a slam dunk for the police. Factors related to the exact nature of the stop, the interaction with the officer and the circumstances at the time of the stop can impact your case. Everything can be challenged, including blood and breath test results. While an attorney may not be able to prevent you from being pulled over, a skilled and experienced DUI attorney can minimize the chances of a conviction. A DUI arrest can cost you your license, your job, your family, and leave you with high fines and possible jail time. A DUI attorney can assess you situation and possibly decrease the impact on your life, if not get the charge dismissed altogether.
By
Kevin Tighe
