Understanding DUI Laws in New Hampshire
To effectively challenge a DUI charge in New Hampshire, it is essential to have a solid understanding of the state’s DUI laws. In New Hampshire, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, the limit is 0.02%. The state follows a strict “per se” law, meaning that if your BAC is above the legal limit, you can be charged with a DUI, regardless of whether you were visibly impaired. However, the legal process does not end with the arrest. A DUI charge initiates a series of legal procedures, including an administrative license suspension and a criminal trial. Understanding these processes and the legal standards applied can be pivotal in building a robust defense strategy.
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.
Challenging the Traffic Stop
One of the first points to consider when challenging a DUI charge is the legality of the traffic stop that led to your arrest. In New Hampshire, law enforcement officers must have a valid reason, known as “reasonable suspicion,” to pull over a vehicle. Reasonable suspicion is more than just a hunch; it must be based on specific and articulable facts that suggest the driver is engaged in illegal activity, such as erratic driving, speeding, or other traffic violations. If the officer lacked reasonable suspicion to stop your vehicle, any evidence gathered during the stop, including the results of field sobriety tests and breathalyzer tests, could be deemed inadmissible in court. Successfully arguing that the traffic stop was unlawful could result in the dismissal of the DUI charges against you.Examining the Field Sobriety Tests
Field sobriety tests are commonly used by law enforcement officers to assess a driver’s level of impairment. These tests typically include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. While these tests are intended to measure coordination, balance, and attention, they are subjective in nature and can be influenced by factors other than alcohol consumption. When challenging a DUI charge, it is important to scrutinize the administration of the field sobriety tests. Were the tests conducted according to the standardized guidelines established by the National Highway Traffic Safety Administration (NHTSA)? Were environmental conditions, such as uneven surfaces or poor lighting, taken into consideration? Did the officer provide clear instructions, and did they account for any medical conditions or physical limitations you may have had? By questioning the reliability and accuracy of the field sobriety tests, it is possible to cast doubt on the evidence presented by the prosecution.Questioning the Breathalyzer Test
The breathalyzer test is a critical piece of evidence in most DUI cases, as it provides a quantitative measure of a driver’s BAC. However, breathalyzer tests are not infallible and can be challenged on several grounds. First, it is important to consider whether the breathalyzer device was properly calibrated and maintained. New Hampshire law requires that breathalyzer devices be regularly inspected and calibrated to ensure accuracy. If the device was not calibrated correctly or had a history of malfunctions, the results could be inaccurate. Additionally, the administration of the breathalyzer test must follow strict protocols. Did the officer observe you for the required observation period before administering the test? Was the test conducted within the legally required time frame after the traffic stop? Were there any factors, such as medical conditions, mouth alcohol, or exposure to certain chemicals, that could have affected the test results? Challenging the accuracy and reliability of the breathalyzer test can be a key component of a successful DUI defense.Exploring Alternative Explanations for Impairment
In some cases, it may be possible to present alternative explanations for the signs of impairment observed by the arresting officer. For example, certain medical conditions, such as diabetes, hypoglycemia, or neurological disorders, can mimic the symptoms of alcohol impairment, such as slurred speech, unsteady gait, or confusion. Medications, fatigue, or even stress can also contribute to behaviors that may be mistaken for intoxication. By providing evidence of a medical condition or other factors that could explain the observed behavior, it may be possible to undermine the prosecution’s case and create reasonable doubt about your level of impairment at the time of the arrest.
