Drunk Driving Defenses

Drunk Driving Defenses in New Hampshire

New Hampshire DUI Defense Attorneys

Being arrested for a DUI in New Hampshire can carry heavy consequences. Experienced DWI lawyers know there are many different defenses that may be used to defend a client charged with an NH DUI or DWI.

Fighting a New Hampshire DWI Charge

Drunk driving accidents are dangerous and threaten the safety of other motorists on the road, as well as the driver. For this reason, New Hampshire law enforcement officers are trained to look for any and all signs that a person may be driving under the influence of alcohol or drugs, regardless of how subtle. Sometimes, NH law enforcement officers are so committed to keeping drunk drivers off the road, that they've determined guilt before they even walk up to the person's car. Not following correct procedure, using outdated or un-calibrated equipment to determine blood alcohol concentration, and not considering other reasons for allegedly impaired behavior may all contribute to a New Hampshire DUI arrest, when it is not in fact a DUI.

Just Bad Driving

If you have been arrested for a DWI in New Hampshire, one of the first things the prosecution will attempt to present against you is your driving pattern. This usually involves the DWI arresting officer testifying that you were speeding, drifting into other lanes, weaving, or driving in such a manner consistent with someone under the influence of alcohol. This is not the whole story, however.

An experienced NH DWI lawyer would rebut this argument by examining the officer on what you did right. Driving safely and lawfully 98 percent of the time and seemingly erratically 2 percent of the time does not mean that you are driving under the influence. If you make an unsafe maneuver, it is not impaired driving, but a simple traffic violation. Most traffic violations are, in fact, committed by people who are sober.

So-Called "Symptoms" of Impairment or Intoxication

When a law enforcement officer pulls a person over for a traffic violation and notices red eyes, flushed face, slurred speech, poor balance, or the smell of alcohol on their breath, the usual assumption is that these signs indicate impairment by alcohol or drugs. Those physical reactions can be caused by a number of factors, only one of which is alcohol or drug impairment. Recent physical exertion, excessive sun exposure, fatigue, and allergies are a few reasons for exhibiting "impaired" symptoms. Even embarrassment and anxiety can manifest in unsteadiness, flushed face, and fidgeting. A knowledgeable New Hampshire DUI attorney will address all explanations of a person's physical appearance, and, as one beer can produce the smell of alcohol on one's breath, the scent of alcohol is not a reliable means for determining impairment.

Tests, Procedures, and Regulations

A law enforcement officer in NH must comply with various rules and regulations in conducting DUI stops and tests. Officer certification and calibrated equipment are necessary for conducting accurate tests. If an officer does not administer field sobriety tests properly, or only focuses on the 5 percent that you performed poorly rather than the 95 percent you performed well, the tests are inconclusive.

Also, if an officer does not astutely observe you for the mandated 20-minute observation period prior to a breath test, then their testimony would be considered inconclusive at best. Furthermore, if your breath and/or blood tests were not handled or stored properly, your BAC may be faulty and thus, inadmissible.

Always Consult with an NH DUI Attorney

Driving while intoxicated or influenced by drugs is a very serious crime in New Hampshire and throughout the country. At the New Hampshire criminal defense law firm Tenn And Tenn, P.A., our knowledgeable Manchester drunk driving defense lawyers can help you fight your DWI or DUI arrest. Contact us today for a free telephone consultation at (888) 332-5855.


  • "The team at Tenn And Tenn are hands down the best legal representation I have had the pleasure to work with."
    Justin B.
  • "I could not have been more fortunate to have selected the offices of Tenn & Tenn. 10/5 stars!"
    Davin S.
  • "Had I not hired John Tenn as my attorney, I don't think I would have gotten nearly as much from my settlement as I did."
    Darren S.
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.