A DWI arrest in New Hampshire isn’t always a cut and dry scenario. Far too many people accept the penalties of a DWI charge without even knowing their rights or if there may have been grounds to fight their case. Countless New Hampshire residents wrongfully assume that if there was a field sobriety test, blood test, or a Breathalyzer test given, there is no reason to defend themselves or there is no hope of beating the charges. Despite any tests given at the scene or at the time of arrest, everyone deserves to know their rights and to know the possible defense strategies that may help them avoid a DWI conviction.
What to Do When Arrested for DWI
The first thing a person who has been arrested for DWI in New Hampshire should do is contact a criminal defense attorney. Someone who has worked as a drunk driving lawyer in the state is the best option if you are facing charges. A drunk driving charge can have a serious impact on every aspect of your life. A conviction can mean the loss of a driver’s license, high fines, mandatory enrollment in an alcohol program, the installation of an interlock ignition, and even jail time. There is simply too much at stake to not seek help from a drunk driving lawyer who will fight to have the charges reduced or even dismissed.
The assistance of a DWI attorney can help you get the charges reduced to a “wet reckless” charge. This is essentially a form of reckless driving involving alcohol. This type of reduction in charges can be negotiated if the blood alcohol level was borderline, there was no accident, or if there is no prior record of drunk driving.
Chances of Getting My Charges Dropped
As for the chances of getting a charge dismissed, a DWI lawyer can increase that chance depending on the type of test given and evidence gathered. The first thing a drunk driving attorney can challenge is the legality of the stop that led to a DWI charge. A search may have also been illegal, rendering evidence against you as inadmissible.
A blood alcohol test can be challenged based on the procedure itself. The analysis or the time period that elapsed may render the results inconclusive or possibly inaccurate. When it comes to results of a Breathalyzer test, there is statistical evidence that points to inaccuracies. Improper administration and machine error can be much more common that people may realize. Whoever administers the breath test must also be licensed to operate the machine. If that license is non-existent or expired, the results can’t be used against you.
Field Sobriety Test
The most subjective test often used against people is the field sobriety test. A skilled drunk driving attorney can successfully challenge an officer’s conclusion regarding the results of any field sobriety test. This kind of test is not absolute and there are a wide range of factors that can result in a dismissal of the results of a field sobriety test. Some of the factors that often play a role in the testing and have resulted in dismissal of a DWI charge are: the weather (snow, ice, high winds), medical conditions or the effects of medication, exhaustion, disability, injures that prevent certain movements, weight, age, and emotional distress at the time the test is given.
No one is automatically guilty of a DWI in New Hampshire. Everyone, whether they are pulled over or involved in an accident, has legal rights of which they should be made aware. Fighting a DWI charge may not be easy, but winning or having a charge dismissed is worth it for your finances, your reputation, and possibly your freedom. If you have been arrested, let an experienced and aggressive DWI attorney hear the details of the case and see if that lawyer can help you get a fair and just outcome.
By Kevin Tighe
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