New Hampshire Drunk Driving Defense Attorneys
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- Sisti Law Offices: Criminal Defense D.W.I. Drug Defense Assault Personal Injury
- Buckley & ZOPH: Estate Planning, Probate, Elder Law, Personal Injury, DUI/DWI, Family Law, Divorce, Civil, Criminal, P.I. Business, Real Estate & Business Law
- Dewhurst, Thomas:
handle a variety of motor vehicle type cases including DWI/OUI, drug cases/offenses, negligent homicide and vehicular assault cases
- Alkalay & Smillie: Defending a DWI/DUI/OUI case (Driving Under The Influence of Drugs or Liquor) requires quick and forceful advocacy. With the penalties for such crimes increasing throughout New Hampshire and Maine, only an experienced and skilled attorney can combat the familiarity and knowledge of law enforcement officers and prosecutors.
- Kalil, Phillip:
Thefts – shoplifting/willful concealment, burglary, robbery
Drugs – possession of controlled drug, sale of drugs
Violations of probations/parole
Violation of restraining orders
All motor vehicle offenses
Department of Safety – habitual offender, speeding, administrative license suspension hearings
Annulments or sealing of criminal records
- Germaine & Blaszka: * Felonies * Misdemeanors * DWI * Thefts – burglary, robbery * Drugs – possession of controlled drug, sale of drugs * Violations of probations/parole * Violation of restraining orders * Department of Safety – speeding, license suspension * Annulments or expunges
- Nary, Norris and Schlapak: criminal law, family law, estate planning, wills, elder law,
- Seufert Law Offices: The facts about DWI / DUI In New Hampshire, DWI and DUI both stand for driving while under the influence of intoxicating liquor or drugs. A person who drives or is in actual physical control of a motor vehicle, upon a way, and who is impaired to any degree from the use of drugs or alcohol, can potentially be convicted of DWI. It is important to understand that an operator only has 30 days to contest an initial driver’s license suspension and request a hearing at the NH DMV. There are four DWI charges. They are: * DWI (first offense) – Class B Misdemeanor o .08% blood alcohol level, and/or impairment to any degree from alcohol. o Minimum fine of $500.00 (plus a 20% penalty assessment), and 9 months up to 2 years loss of license, completion of the impaired driver program, and a $100.00 o reinstatement fee (plus additional suspension period under the DMV ALS rules) * Aggravated DWI – Class A Misdemeanor o .16% blood alcohol level (or other factors such as excessive speed, and attempts to elude police while under the influence of alcohol) Minimum fine of $500.00; license loss for 18 months up to 2 years (may petition the Court to reduce to 12 months after completion of the alcohol program. Minimum 10 days in the House of Correction (7 days of that in the Multiple Offender Program). * DWI, 2nd, or subsequent offense – Class A Misdemeanor o Prior conviction of DWI within the last 10 years. Minimum fine of $500.00; loss of license for 3 years, minimum. If prior conviction within 2 years, 37 days House of Correction sentence including the 7 day Multiple Offender Program. If prior conviction more the 2 years old, but within the last 10 years, must serve 10 days in the House of Correction and complete the Multiple Offender Program. * Felony Aggravated DWI o Accident resulting with serious bodily injury. Minimum fine of $1000.00. Potential NH State Prison Sentence.
- Cotrupi, Andrew:
Driving While Under the Influence of Drugs or Liquor, Driving with Excess Alcohol Concentration;
No person shall drive or attempt to drive a vehicle upon any way:
(a) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive, or any combination of intoxicating liquor and controlled drugs; or
(b) While such person has an alcohol concentration of .08 or more or in the case of a person under the age of 21, or .02 or more.
There are normally two parts to a DWI charge in New Hampshire: The Department of Motor Vehicles; and The Court.
- Gillen, John: felonies and/or misdemeanors, including but not limited to, charges involving motor vehicle crimes (DWI / DUI), possession of controlled substances, and assault
- Shrimer-Brenes, Ellen:
White Collar Crimes
- Lothstein Law Offices: Why is DWI different? DWI cases involve three unique challenges that, depending on the individual circumstances of your case, may make it foolhardy to retain an inexperienced lawyer or “general practitioner” who only dabbles in DWI defense: * Complex scientific and medical issues; * Far more “loopholes” or technical defenses based on statutes, administrative and constitutional law, than many more serious charges; * Harsh and never-ending penalties. o In NH, even for a driver with no prior record, a DWI prosecution can involve mandatory jail time and the requirement of an "ignition interlock" device, if there are aggravating factors such as high BAC, passengers under age 16 in the car, very high speeds, or an automobile accident that resulted in serious bodily injury. o All NH DWIs involve lengthy mandatory license revocations, residential alcohol and drug abuse programs, steep fines, and endlessly confusing consequences for out-of state license holders.
- Sheldon, Davis, Well & Hockensmith:
A DWI is a very serious charge and can result in fines, loss of license, incarceration, court mandated alcohol programs, and collateral costs such as insurance rate increases and loss of employment.
A competent and effective DWI attorney must be more than just a good lawyer. He must know the medical, physiological and psychological effects of alcohol on the body; the technology of the alcohol testing equipment; the science of standardized field sobriety testing; and the complexities of the DWI statutes, motor vehicle laws, and administrative regulations. In over 20 years of criminal defense practice Attorney Wells has successfully handled literally hundreds of DWIs, including District Court misdemeanors and Superior Court felony jury trials, both in New Hampshire and out-of-state. Other trial attorney wannabes advertise themselves as the “DWIman” or say they are “certified”, or belong to the “DWI College”. Do not be mislead, all that may mean is they took a class or paid some membership dues. There is no substitute for an effective proven criminal trial lawyer.
If you have been stopped for DWI, know your legal rights.
Prior to an arrest, you are required by law to produce your license and registration only. You are not required, nor can you be compelled, to answer any questions regarding alcohol consumption, where you are going or where you have been, or to perform any field sobriety tests. A polite “Officer I do not care to discuss that,” or “no I am not willing to do field sobriety tests,” is sufficient.
If you have been arrested you still do not have to submit to any physical tests, or any chemical (breath, blood or urine) tests. However, once arrested if you refuse or if you take a chemical test which produces a result over the legal limit (0.08 over 21; 0.02 under 21) you will be subject to an administrative suspension of your license through the Department of Safety (Motor Vehicles), which is 6 months for a first refusal/offense and 2 years for a second refusal/offense (if you have a prior refusal/test over/conviction). You should only agree to take post-arrest field sobriety or chemical tests if you are absolutely sure you are not impaired. Any DMV license suspension for a refusal is in addition to any penalty imposed in court; but better to lose your license for a refusal than to take a physical test and fail or a breath test which gives a result over the legal limit – giving the State valuable evidence against you which may result in a conviction.
You have the RIGHT to remain silent. Do not waive your Miranda rights and answer questions. You must provide basic information (such as name, address, etc) to be processed, but do not answer any questions about alcohol consumption or any other aspect of the case.
If you decide to take a breath test make sure to keep the second sample capture tubes the officer will give you. These will need to be analyzed by our laboratory expert. Also, immediately after you are released you have the RIGHT on your own to go to the hospital and have a blood test taken – do it. Make sure you tell the hospital it is for litigation, not medical, purposes.
Under the age of 21 the legal limit drops from 0.08 to 0.02. You may not feel that you are impaired to any degree, or that you have consumed only a small amount of alcohol, but if you take a chemical test you may still be over this extremely low threshold limit. As set forth in paragraph 2 above, if you take a chemical test with a result of over a 0.02 you have given the State critical evidence against you. If you refuse any evidence may be limited to the officer’s (or other’s) observations only. If you refuse you are subject to the same administrative penalties as set forth above.
No matter what the officer’s attitude or decision, be cooperative and courteous. It will go a long way in the end. If you are combative it will not help the situation.
- Trombly, Arthur: Adoptions Bankruptcy Divorce D.W.I. Guardianships Wills & Probate Real Estate
- Bragdon, Dowd & Kossayda: Real Estate Development Small Business Creation and Planning Wills, Trusts & Estate Planning Probate Practice Criminal Defense &
- Lustenberger, Daniel: criminal matters from violations of supervised release to major drug cases and also DUI cases
- Normandin, Cheney & O'Neil: personal injury claims, including motor vehicle and other accidents, products liability claims and medical malpractice; employment related claims, including wrongful discharge, workplace discrimination and sexual harassment; commercial and contractual disputes; real estate and land use issues; criminal matters; civil rights actions; and family law matters
- Leonard Harden: When charged with a crime, it is vital that you speak to a qualified criminal defense lawyer immediately.
- Caulfield, Joseph: Criminal Defense Felony & Misdemeanor State & Federal
- New London
- Cornelio Law Office: Traffic Law DUI/DWI Sober Living as Alternative Sentencing for DUI/DWI A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state's laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives. More... Probable Cause in Drunk Driving Cases In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter. More... Driving on a Revoked or Suspended License A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked. More... Diversion Programs for DUI/DWI Offenses Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs). More... Elements of DUI/DWI Offenses Involving Operation of Aircraft It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More...
- North Conway
- Cooper Cargill Chant: CRIMINAL DEFENSE & DWI Drug Charges Sexual Assault Assault Negligent Homicide Domestic Violence Robbery Theft Burglary Internet or Computer Crimes Identity Theft Trespassing Arson Shoplifting
- North Woodstock
- Parnell & McKay Driving While Intoxicated, drug and alcohol possession, assault and other A and B level misdemeanor charges, domestic assault and juvenile matters, including abuse and neglect, felony charges arising out of the operation of motor vehicles including felony DUI and negligent homicide
- Bostock, Fitzgerald & Saia-Rogers: It is vital to request an administrative licensing suspension hearing within 20 days of your DUI arrest, because if you fail to request such a hearing, you will automatically lose your license for six months and waive the right to challenge this suspension of your license.
- Jacqueline Fitzgerald: You should consult an attorney for individual advice regarding your own situation.
- Booker Law Office: DUI or DWI, domestic violence, assault, battery, burglary, theft, shoplifting, drug charges, or other criminal charges Because criminal and statutory law is constantly evolving and changing, without the single-minded focus on criminal law that is provided by a dedicated criminal defense law practice, all the available statutory, case law and constitutional defenses cannot be brought to bear to protect your rights. Your freedom or the freedom of your loved one is valuable, and you deserve to have the services of a dedicated criminal defense firm.
- Hanlon & Zubkus:
Divorce & Family Law
- Brown, Stephen: DWI / DUI /OUI Important constitutional and other important rights can be lost if you fail to act within 10 days after arrest. If you have been accused of a driving while intoxicated (DWI), driving under the influence (DUI) of drugs or alcohol or operating under the influence (OUI), the experienced attorneys at Brown Law will help aggressively and effectively represent your rights and interests. We are skilled at protecting people in all counties in the State of New Hampshire. These include those accused of felonies, misdemeanors, driving while intoxicated (DWI / DUI / OUI ) and any other offenses. * DWI / DUI defense DWI / DUI / OUI Frequently Asked Questions What can the police do before they arrest me? They can ask you to identify yourself and briefly question you about the incident. What should I do when if I am questioned by the police? Think carefully about your words, movement, body language and emotions. Don't get into an argument with the police. Don't run, don't resist. Don't touch the police officer. Do not make any statements regarding the incident because anything you say or do can be used against you. Ask for a lawyer immediately upon your arrest. Tell the police only your name and address, you can make your defenses in court. Do the police need a warrant to search my car or home? The police need a warrant to search your home unless you consent. The police can search the area around your car and can look into the windows of your car without your consent. In order to look inside compartments in your car or inside your pocket book, police need either your consent or a warrant if you are not under arrest. What are my “Miranda Rights” and when should I get them? Your Miranda rights are the right to remain silent, a warning that anything you say will be used against you in court, the right to have an attorney and the right to have an attorney present before any questioning. Your Miranda rights should be given when you are arrested or when you are taken into custody. You should NOT make any statements until you talk to an attorney. Do I need a lawyer? It is always good to seek a professional’s advice on your particular issues. Criminal convictions can mean jail time, loss of employment, penalties and consequences for future offenses. If you cannot afford an attorney, you can always contact the Public Defender’s office or ask for “an appointed attorney”. If you have any questions, please contact our office to speak to an attorney about your concerns.
- Sodati Law: DWI, Habitual Offender, ALS & CDL Hearings, Under 20 Hearings, Driving After Revocation/Suspension, Conduct After an Accident
- Anzalone Legal: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DWI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. "Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DWI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DWI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. "Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DWI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
- Lynch, Nathan: DUI or OUI or DWI Perhaps the most common crime most people are likely to face is driving under the influence. The only guaranteed way to avoid being arrested for this crime is to not drink and drive. Clearly, the odds of being arrested for DUI are stacked against the driver that is under the influence. The police receive extensive training on DUI, OUI and DWI detection. In addition, all states have enacted implied consent laws that require drivers to submit to a breath test if an officer has reasonable suspicion to believe the driver is under the influence. Failure to submit to a breath test when required to will result in a civil suspension of your license and in some states it is a crime in and of itself to refuse a breath test. As of 11/26/2010 In New Hampshire, the Police have the right under NH 265-A:4 Implied Consent of Driver or Operator to Testing to Determine Alcohol Concentration the Police a driver has given the implied consent when a Police officer has "reasonable grounds" to believe you are under the influence of alcohol , controlled drugs, or have a Blood Alcohol Concentration of .08 or higher. It is believed by most attorneys, and police officers that "reasonable grounds" is a lower threshold to meet than reasonable suspicion. In addition, if you are under 21 the threshold is .02 or more. As of 11/26/2010 Vermont under VSA Chapter 13 Section 1202 a driver must submit to a breath test "at the discretion of the law enforcement officer". If the request is reasonable and the driver refuses to submit to testing then the drivers privilege to drive will be suspended for at least six months. In Vermont, a driver has the right to speak to an attorney before deciding to take a breath test, but this is not the case in many states. FIELD SOBRIETY TESTS While the breath test has legal ramification for refusing to take a breath test when asked to by the Police the Field, Sobriety Tests are optional, but the Police are not obligated to tell you this fact. If you are overweight, uncoordinated, old, nervous, intoxicated, have bad knees or some other physical problem you will not do well on these tests. I believe that many if not most people would fail a field sobriety test even if they had not been driving. In my opinion, the Field Sobriety Test is a test you can only fail. In most cases it would probably be best to politely decline to take a field sobriety test. The Police would then have less evidence against you to present at trial. ADMINISTRATIVE LICENSE SUSPENSION If you have been arrested for a DUI you will be facing criminal charges in the Court System, but what many defendants fail to realize is that they will also be facing civil charges from the State's Department of Motor Vehicles and the threshold to find you guilty will be lower than in a criminal court. The good news is you can use your civil hearing as an opportunity to gather evidence from the state that will assist you at trial. LESSER CHARGES AND A PLEA BARGAIN No two DUI cases are the same, but in every case we will analyze the facts to see what is strong or weak with the state's case.
- Bolander, Diana: Criminal Defense & DWI, Family Law, Estate Planning & Probate, Real Estate and Business Formation