Category Archives: Criminal Defense

Simple Assault in New Hampshire

Simple assault in NH is generally characterized as unprivileged physical contact of another person. Under NH law, Simple Assault is a misdemeanor offense. State prosecutors and law enforcement agencies have the discretion to charge Simple Assault as a class “A” or a class “B” misdemeanor. A class “A” misdemeanor conviction carries a maximum penalty of […]

DUI Chemical Test Refusals Concern Law Enforcement, Prosecutors

Every state, including New Hampshire, has an “implied consent” law that prescribes penalties for drivers who refuse to consent to a chemical test of their blood alcohol concentration (BAC). Penalties range from suspended licenses to fines. However, in many states, including New Hampshire, some drivers refuse to consent to a BAC test despite the consequences […]

New Hampshire Multiple Offender Program Lasts 7 Days

Individuals who are convicted of either aggravated DWI or of a second or subsequent DWI offense must complete New Hampshire’s seven-day residential Multiple Offender Program (MOP). The cost of the program is approximately $1,500 and is to be paid out-of-pocket by the individual required to attend the program. The MOP represents but one requirement set […]

The Impaired Driver Intervention Programs (“IDIP”)

If you are found guilty of driving under the influence of either drugs or alcohol, chances are you will have to attend and complete the Impaired Driver Intervention Program (IDIP). After being convicted of a DWI, individuals are often required to enroll in such programs at their own expense, and provide proof of the program’s […]

The New Hampshire Senate Judiciary Committee Votes to Preserve the Right to an Independent Breath Test

The New Hampshire Department of Safety recently sponsored a bill that would have abolished the right of New Hampshire citizens to an independent breath test in DWI cases. House Bill 363, sought to remove an individual’s rights to obtain a sample of his or her own breath for independent testing at their own choosing. The […]

Preliminary Breath Test Devices and Human Error

Being charged with driving while under the influence of alcohol or drugs is no laughing matter. However, are all individuals accused of driving under the influence truly guilty? The question is a significant one and should have a simple, clear-cut answer. However, when you factor in a human tendency for error, the answer becomes relatively […]