Can an Officer in New Hampshire Pull Me Over Just Because He Suspected I was Driving While Intoxicated?

Getting pulled over is never fun, but getting pulled over because a police officer simply suspected that you driving while intoxicated (DWI) is not only not fun, it may be illegal. Law enforcement officers in the state of New Hampshire are trained to use DWI/DUI Detection procedures that are set forth by the National Highway Traffic Safety Administration (NHTSA). The DWI Detection process involves evidence based phases in determination of whether or not an individual may be arrested for a suspected DWI violation. There are three phases to the DWI detection process:

  • Phase One – Vehicle in Motion;
  • Phase Two – Personal Contact; and
  • Phase Three – Pre ‐arrest Screening

The question must be asked: Can an officer in New Hampshire pull me over just because he suspected I was driving while intoxicated?

Police Officers Pulling Over a Suspected Drunk Driver in New Hampshire

Unless you are being stopped at a sobriety checkpoint, if you are pulled over under suspicion of driving while intoxicated, the officer is utilizing Phase One – observing the vehicle in motion. New Hampshire State troopers and police officers are trained to observational cues in determining whether or not the vehicle observed is being operated by an impaired driver.

A study conducted by the NHTSA uncovered twenty-four different cues of impairment that suggest a high probability that a driver is impaired. Police officers are specifically trained to use these cues in the detection of nighttime drunk-driving. The twenty-four cues if observed by a police officer that will get you pulled over for suspected DWI, are as follows:

Problems in Maintaining Proper Lane Position

  • Weaving
  • Weaving across lane lines (lane departure)
  • Drifting
  • Straddling a lane line
  • Swerving
  • Almost striking object or vehicle
  • Turning with a wide radius
  • Slow Speed (10 miles per hour + below limit)

Speed and Braking Problems

  • Stopping problems (too far, too short, or too jerky)
  • Unnecessary acceleration or deceleration
  • Varying speed
  • 10 mph or more under the speed limit

Vigilance Problems

  • Driving without headlights at
  • Failure to signal or signal inconsistent with action
  • Driving in opposing lanes or wrong way on one way
  • Slow response to traffic signals
  • Slow or failure to respond to officer’s signals
  • Stopping in the lane for no apparent reason

Judgment Problems

  • Following too closely (tailgating)
  • Improper or unsafe lane change
  • Illegal or improper turn
  • Driving on other than designated roadway
  • Stopping inappropriately in response to an officer
  • Inappropriate or unusual behavior (throwing objects, arguing, etc.)
  • Appearing to be impaired”

So, in short—the answer to “Can an Officer in New Hampshire Pull Me Over Just Because He Suspected I was Driving While Intoxicated?” is yes and no. A law enforcement officer can pull you over on suspicion of DWI if they observe you doing any single one of the twenty-four impairment cues or violating any Rule of the road.

Always Consult a New Hampshire DWI Defense Attorney

Driving while intoxicated is a very serious crime. If you or a loved one has been arrested on suspicion of DWI in New Hampshire, you need experienced DWI lawyers with an arsenal of drunk driving defenses. Our DWI defense attorneys at Tenn And Tenn, P.A. regularly handle DWI cases and can help you defend your rights under the law. Contact Tenn And Tenn, P.A. today for a free consultation!

Why Choose Tenn And Tenn Let Our Family Help Your Family
  • A Family Firm

    We are a family committed to providing excellent service to our clients.

  • Statewide Service
    We work hard to obtain the best results possible for clients throughout New Hampshire.
  • Trial-Tested Attorneys
    Our lawyers are experienced courtroom advocates who are ready to take your case to trial to obtain justice.
Free Injury Consultations Available Contact Us Today

Whether you have questions or you’re ready to get started, our award-winning legal team is ready to help. Complete our form below or call us at (888) 332-5855.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.