Breath Alcohol Testing in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
Breath Alcohol Testing in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
See What Our Clients Are Saying About Us
Attorney John Tenn and his entire team are amazing people! If you need a lawyer, he is the man to call! He handled my case in a professional matter and took the stress out of it all.
Mallory C.
The whole team were very professional and responsive. My case was effectively handled with good communication during the process. Very satisfied with the outcome. Highly recommend!
A. McMillan
I was recently in need of a New Hampshire lawyer. I was put in touch with John Tenn. He went above and beyond for me to make sure I got the best help. Tenn and Tenn thank you for being so helpful!
Brianna R.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Download our free DWI guide to learn what you should and shouldn't do regarding your case.
Enter your information below to receive your free pdf guide.
Breath Alcohol Testing in New Hampshire
New Hampshire DWI Lawyers
If you have been arrested in New Hampshire for DWI, you will most probably be charged with two separate offenses: (1) driving under the influence of alcohol (DUI) otherwise known as driving while intoxicated (DWI); and (2) the per se law of driving with 0.08% or higher blood alcohol concentration (BAC).
New Hampshire law enforcement agencies utilize a breath machine – the Intoxylizer 5000EN – to obtain a suspected drunk driver’s BAC. As for the per se offense, the only evidence of the crime is the machine, and the result it produces. If the result is .08% or higher, the State argues that the defendant is guilty of DUI. In other words, if the Defendant’s BAC is .08% or greater, he is presumed guilty – unless he/she can prove his innocence.
We help people with DWI/DUI defense in the following locations: Alstead, Amherst, Andover, Antrim, Atkinson, Auburn, Bedford, Bennington, Berlin, Boscawen, Bow, Bradford, Brentwood, Brookline, Candia, Canterbury, Cheshire, Chester, Chesterfield, Chichester, Claremont, Concord, Deerfield, Deering, Derry, Dover, Dublin, Exeter, Francestown, Franklin, Goffstown, Greenville, Hampton Beach, Hampton, Hancock, Harrisville, Hooksett, Hudson, Keene, Laconia, Lebanon, Londonderry, Manchester, Merrimack, Nashua, Pelham, Portsmouth, Rochester, Somersworth, and Windham.
Related Blog Posts
What Prosecutors Look For When Building a Winter DWI Case in New Hampshire
During the winter months, the challenge of defending against a DWI charge in New Hampshire [...]
22
Jan
Jan
Common Mistakes People Make After a New Hampshire DWI Stop — And How They Affect the Case
A DWI stop in New Hampshire can lead to serious consequences, and how you handle [...]
12
Jan
Jan
How a Breath Test Can Be Challenged After a Cold-Weather DWI Arrest in New Hampshire
In New Hampshire, DWI arrests are common year-round, but the cold-weather months bring unique challenges, [...]
03
Jan
Jan
What Happens at a DWI Arraignment in New Hampshire During Winter Crackdowns
If you’re arrested for DWI (Driving While Intoxicated) in New Hampshire during the winter months, [...]
25
Dec
Dec
What Is “Aggravated DWI” in New Hampshire?
In New Hampshire, a DWI (or DUI) becomes “aggravated” when the driver does something that [...]
Refused the Breath Test Over the Long Weekend? License Suspension Deadlines and ALS Hearings in NH
If you’ve found yourself facing the aftermath of refusing a breath test during a routine [...]
04
Dec
Dec
Thanksgiving Eve DWI (“Blackout Wednesday”) in New Hampshire: What Happens Next After the Stop
Thanksgiving Eve, or “Blackout Wednesday,” marks one of the busiest nights for bars and gatherings [...]
10
Nov
Nov
Refused the Breath Test at an October Holiday-Weekend Checkpoint? Your License Timeline in NH
When you’re driving during the busy holiday weekends in New Hampshire, there’s a chance that [...]
27
Oct
Oct
Areas We Serve in New Hampshire
The Breath Alcohol Testing Intoxylizer 500EN
Intoxylizer 5000EN – from manufacturer’s website. The Intoxylizer 5000EN is a machine which is designed to obtain a sample of the subject’s breath. The machine uses infrared spectroscopy to evaluate the breath and molecules in it, potentially identifying the presence of alcohol in the breath. The computer program inside the Intoxylizer then multiplies the amount of alcohol in a DUI subject’s breath sample 2100 times to get the corresponding blood alcohol concentration (BAC). This calculation is performed based on the assumption that every person has 2100 units of alcohol in his/her blood for every unit of alcohol in his/her breath. This is called the “partition ratio”. Unfortunately, this ratio is only an average. Actual partition ratios vary from as low as 900:1 to as high as 3500:1. And, if an individual’s partition ratio was different than the assumed 2100:1 partition ratio set by the Intoxylizer, the BAC result will be different. In New Hampshire, the Intoxylizer 5000EN is the only post-arrest breath testing device approved to obtain a sample of the defendant’s breath. The Intoxylizer 5000EN captures a second breath sample in a test tube which is provided to you. That “second sample” may then be evaluated by an independent laboratory, of your own choosing and at your own expense. Independently testing the “second sample” is critically important and a valuable tool in assessing the accuracy of the reported value of the Intoxylizer 5000EN. The machine is measuring breath and using inferential science to correlate that to your blood alcohol concentration.
An experienced DWI lawyer knows the machine, its operation protocols and how to best represent you in this situation. There are other factors that may also affect your BAC reading, such as gender, body composition, or being a diabetic. Having a knowledgeable attorney on your side can make all the difference!
Client Reviews
The team of people who work for this firm are some of the most professional and personable individuals I have ever known. You can trust their knowledge and expertise. They are absolutely a five star organization.