In New Hampshire, a routine traffic stop, even for something as minor as a broken taillight, can unexpectedly escalate into DWI charges. If the police suspect you of drinking alcohol and administer a breathalyzer test–and you fail–they’re likely to charge you with driving while intoxicated per se. You may be so charged even if you weren’t driving erratically or showing other signs of impairment.
Per se is a Latin phrase meaning “by itself.” In this context, it means that the amount of alcohol in a driver’s system can constitute a crime by itself without any other evidence. A per se DWI conviction can have wide-ranging legal and personal repercussions, including suspension of your driver’s license, substantial fines, or even jail time.
The seriousness of these potential consequences makes it critical to consult with experienced New Hampshire DWI lawyers as soon as possible. The skilled lawyers of Tenn And Tenn are ready to help. We’ll help you understand the potential consequences of a per se DWI, discuss your defense options, and fight for the most favorable outcome possible. Contact us today at 888-511-1010 or online for a free consultation. We represent people throughout New Hampshire, from Bedford to Concord.
What Is a Per Se DWI?
A per se DWI occurs when a driver is found to have a Blood Alcohol Concentration (BAC) at or above the legal limit, regardless of whether their driving was impaired. In New Hampshire, the legal BAC limits vary by category: 0.08% for drivers aged 21 and older, 0.02% for drivers under 21, and 0.04% for commercial drivers. In these cases, the prosecution does not need to demonstrate that your ability to operate the vehicle was negatively affected. Instead, the fact that your BAC met or exceeded the legal threshold while behind the wheel is enough for them to pursue charges.
Legal Consequences of a Per Se DWI Conviction
New Hampshire has some of the stiffest DWI laws in the country. For a first-time offense, penalties include fines of up to $1,200 and a license suspension lasting 90 days or longer (if you are under 21, you will lose your driving privileges for at least one year). All offenders are also required to complete a pricey twenty-hour impaired driver intervention program.
If you’ve been convicted of a prior DWI offense within the past ten years or categorized as a “habitual offender,” you’ll face significantly more stringent penalties. For example, if the prior conviction occurred within the last two years, you will face up to a year in jail, with a mandatory minimum of 30 days. Once released, you’ll be required to participate in the New Hampshire DWI Multiple Offender Intervention Detention Program for seven days. Your driving privileges will also be suspended for at least three years, and you must pay fines ranging from $500 to $2,000. Drivers with a prior DWI offense in the past ten years and two total offenses will face even longer mandatory jail sentences, license suspensions, treatment program residencies, and fines.
Common Defenses Against a Per Se DWI Charge
Facing a per se DWI charge can be frightening, but a skilled New Hampshire criminal defense lawyer can explore several defenses to challenge the charge, including:
- Challenging the accuracy of BAC testing equipment. Breathalyzers and blood testing equipment must be properly maintained and calibrated to ensure accurate results. If the equipment used was malfunctioning or not calibrated according to state requirements, the BAC test results may be invalid.
- Challenging testing procedures by law enforcement. Officers must follow strict protocols, such as observing the individual for a specific period before administering a breath test to prevent interference from residual alcohol or other substances. Deviations from these procedures can render the test results unreliable.
- The medical condition defense. Medical conditions like acid reflux and diabetes, or even certain over-the-counter medications, can affect BAC and may lead to false results.
- Illegal stop. Police officers must have reasonable suspicion of an offense to make a stop. If the stop was not legally justified, any evidence obtained, including BAC results, could be suppressed.
- The rising BAC defense. Because alcohol takes time to absorb into the bloodstream, your BAC will continue to rise even after you’ve stopped drinking. If you consumed alcohol shortly before driving, but the police tested your BAC well after you stopped driving, the test might not accurately reflect your BAC while you were driving.
Experienced DWI Attorneys in New Hampshire Can Help
If you’re facing per se DWI charges, talk to the New Hampshire DWI lawyers of Tenn And Tenn, P.A. as soon as possible. Our skilled team has represented drivers facing per se DWI charges throughout New Hampshire, including Portsmouth, Concord, Nashua, Keene, and beyond. We understand the seriousness of the consequences you face and will fight for fairness and the best outcome possible on your behalf. Contact us today at 888-511-1010 or online for your free evaluation.