What are the most effective defenses against DUI charges in NH?

The most effective DUI defenses in New Hampshire include challenging the legality of the traffic stop under the Fourth Amendment, questioning breathalyzer accuracy and calibration, attacking field sobriety test administration, presenting medical condition defenses like GERD or diabetes, arguing rising blood alcohol defense, challenging chain of custody for blood tests, exposing officer training deficiencies, and filing suppression motions for constitutional violations.

How can I challenge the legality of my DUI traffic stop?

DUI traffic stops can be challenged by examining whether police had reasonable suspicion for the initial stop, analyzing if the stop exceeded its original scope, determining if probable cause existed for arrest, reviewing dash cam or body cam footage, questioning officer observations and testimony, and filing suppression motions if Fourth Amendment violations occurred. If the stop was illegal, all evidence obtained may be suppressed.

What defenses work against breathalyzer test results?

Breathalyzer defenses include challenging machine calibration and maintenance records, questioning operator certification and training, examining environmental factors that affect accuracy, presenting medical conditions like GERD that cause false readings, arguing mouth alcohol contamination, analyzing observation period violations, challenging rising blood alcohol scenarios, and exposing machine malfunction evidence.

Can medical conditions be used as DUI defenses?

Yes, several medical conditions can provide effective DUI defenses including gastroesophageal reflux disease (GERD) causing false breath test readings, diabetes affecting field sobriety test performance and creating acetone breath, neurological conditions affecting balance and coordination, prescription medications causing impairment symptoms, and medical emergencies necessitating driving. Expert medical testimony is often crucial for these defenses.

How do you attack field sobriety test evidence?

Field sobriety tests can be challenged by demonstrating improper administration techniques, showing environmental factors affecting performance (weather, lighting, road conditions), presenting medical conditions that impair balance or coordination, questioning officer training and certification, analyzing video evidence of test performance, and arguing that natural nervousness or anxiety affected results. These tests are subjective and prone to error.

What is the rising blood alcohol defense?

The rising blood alcohol defense argues that your BAC was below the legal limit while driving but rose above 0.08% by the time of testing due to continued alcohol absorption. This defense requires expert testimony about absorption rates, the time between driving and testing, when you last consumed alcohol, and your individual metabolism. It's particularly effective when there's a significant delay between arrest and testing.

Can I challenge blood test evidence in my DUI case?

Blood test evidence can be challenged through chain of custody issues, laboratory contamination or error, improper storage affecting sample integrity, questioning phlebotomist qualifications, analyzing preservation methods, challenging laboratory accreditation and procedures, presenting alternative explanations for blood alcohol levels, and examining time delays between collection and testing that may affect accuracy.

Why should I hire an experienced DUI defense attorney?

An experienced DUI defense attorney understands the complex scientific and legal issues involved in DUI cases, knows how to identify and exploit weaknesses in the prosecution's case, has relationships with expert witnesses, understands local court procedures and prosecutor tendencies, can file effective suppression motions, and has the trial experience necessary to present compelling defenses. The stakes are too high to proceed without skilled legal representation.

Top 10 Defenses Against DUI Charges in New Hampshire

Driving under the influence, commonly referred to as DUI, is a serious offense in New Hampshire. The state has strict penalties for those convicted of this charge, which can include hefty fines, license suspension, and even jail time. However, being charged with DUI does not automatically mean you will be convicted. There are several defenses available that can challenge the evidence or procedures used by law enforcement. Understanding the top defenses against DUI charges in New Hampshire can be the difference between a conviction and having your case dismissed. At, Tenn And Tenn, PA , we are here to guide you through the legal process and help you navigate the complexities of your case.

James J Tenn Jr

James J. Tenn, Jr.
Attorney

Mayre Tenn

Mary Elizabeth Tenn
Attorney

John Tenn

John J. Tenn
Attorney

Working hard to obtain the best results possible for our clients and fighting to protect their rights.

Challenging the Legality of the Traffic Stop

One of the first steps in any DUI case is determining whether the officer had a legal reason to stop your vehicle. Law enforcement cannot stop a driver without probable cause, which means they must observe a traffic violation or have reasonable suspicion of illegal activity. If the officer stopped you without a valid reason, this could be grounds to have the DUI charges dismissed. For example, if you were pulled over for no apparent reason and no traffic laws were broken, your defense attorney could argue that the stop was unlawful. Without a legal stop, any evidence gathered afterward, such as the results of a breathalyzer test, could be thrown out.

Questioning the Accuracy of Field Sobriety Tests

Field sobriety tests are commonly used by police officers to determine if a driver is under the influence of alcohol or drugs. These tests may include walking in a straight line, standing on one leg, or following an object with your eyes. However, the results of these tests can be subjective and influenced by factors other than alcohol. For instance, certain medical conditions, poor balance, or even nerves can affect how someone performs. Additionally, the conditions of the test, such as uneven pavement or poor lighting, may also impact the results. Your lawyer can argue that these factors compromised the reliability of the tests.

Disputing Breathalyzer Results

Breathalyzer devices are used to measure the blood alcohol concentration (BAC) of a driver. In New Hampshire, if your BAC is 0.08 percent or higher, you can be charged with DUI. However, breathalyzer results are not always accurate. These machines must be properly calibrated and maintained to provide accurate readings. If the device was not properly maintained, or if the officer administering the test did not follow the required procedures, the results may be challenged. Furthermore, certain medical conditions, medications, or even the consumption of certain foods can lead to false positives on a breathalyzer test.

Arguing That the Driver Was Not Impaired

In some cases, a driver may argue that they were not impaired at the time of the stop. While the prosecution will rely on the results of field sobriety tests, breathalyzer readings, or blood tests, the defense can argue that these results do not accurately reflect the driver’s condition. Factors such as fatigue, stress, or illness can cause a driver to exhibit signs of impairment even when they are not under the influence of alcohol or drugs. Additionally, if the driver consumed alcohol after driving but before being tested, this could also challenge the DUI charge. For instance, if someone drank alcohol after parking their car and was later tested by police, the BAC results would not accurately reflect their state while driving.

Highlighting Inaccuracies in Blood Test Results

Blood tests are considered more accurate than breathalyzers for determining BAC, but even these tests can have errors. Mistakes can occur during the collection, handling, or analysis of the blood sample. Contamination or improper storage of the sample can affect the results. Additionally, if there was a delay between the time of the traffic stop and the blood test, the BAC levels might have risen, giving a false reading. A knowledgeable attorney can examine the details of how the blood sample was handled and analyzed to identify any potential errors or discrepancies.

Asserting a Medical Condition Affected the Results

Certain medical conditions can affect how a person’s body processes alcohol or how they perform on sobriety tests. For instance, conditions such as acid reflux, diabetes, or hypoglycemia can lead to false positives on breathalyzer tests or cause a person to appear impaired when they are not. Diabetes, in particular, can lead to the production of ketones, which can mimic alcohol in the bloodstream. Similarly, neurological disorders, like multiple sclerosis or inner ear problems, can affect a person’s balance and coordination, causing them to fail field sobriety tests. A defense based on medical conditions can be highly effective in challenging DUI charges.

Proving a Lack of Probable Cause for Arrest

Even if an officer stops a vehicle legally, they must still have probable cause to arrest the driver for DUI. This means the officer must have enough evidence to reasonably believe that the driver is impaired. Probable cause can be based on the results of field sobriety tests, breathalyzer readings, or the officer’s observations, such as slurred speech or the smell of alcohol. If there was insufficient evidence to justify the arrest, your defense attorney can argue that the DUI charge should be dismissed. For example, if the officer only based the arrest on a hunch or minor behavior that does not indicate impairment, this could be grounds for a successful defense.

Showing That the Driver Was Not in Actual Physical Control

In some cases, a person may be charged with DUI even if they were not actively driving the vehicle. For example, someone may be found sleeping in their car while intoxicated and still be charged with DUI. However, New Hampshire law requires that the driver be in actual physical control of the vehicle to be convicted of DUI. This means that the prosecution must prove that the driver had the ability to operate the vehicle. If the defense can show that the person was not in control, such as if the keys were not in the ignition or if the vehicle was parked in a way that made it clear they were not planning to drive, the charges could be dismissed.

Questioning the Officer’s Conduct During the Arrest

Law enforcement officers must follow specific procedures during a DUI arrest to ensure that the driver’s rights are protected. If the officer failed to follow these procedures, it could impact the validity of the DUI charge. For example, officers are required to read a person their Miranda rights after an arrest, informing them of their right to remain silent and their right to an attorney. If the officer failed to do this, any statements made by the driver could be inadmissible in court. Additionally, if the officer used excessive force or engaged in any misconduct during the arrest, this could also be used as part of the defense.

Raising Questions About Witness Testimony

In some DUI cases, witness testimony may play a role in the prosecution’s case. This could include statements from passengers in the vehicle or other drivers on the road. However, witness testimony is not always reliable, especially if the witness was far away from the scene or did not have a clear view of what happened. Additionally, witnesses may have biases or other reasons to misinterpret what they saw. Your defense attorney can challenge the credibility of witnesses by raising questions about their observations and pointing out inconsistencies in their statements. By doing so, the defense can create doubt about the prosecution’s version of events. If you have been charged with DUI in New Hampshire, it is important to understand that you have rights and options. A DUI conviction can have serious consequences, but with the right legal defense, you may be able to avoid those penalties. Tenn And Tenn, PA, has extensive experience defending clients facing DUI charges, and we are here to help you navigate the legal process. Our team will carefully examine the details of your case to identify any possible defenses and work to protect your future. Contact us today for a free consultation to discuss how we can assist you with your DUI case. Remember, you do not pay any fees unless we secure a favorable outcome in your case.

(603) 614-5055 or (888) 977-4101

DUI/DWI