Top Strategies for Defending Against DUI Charges in New Hampshire

Facing DUI charges in New Hampshire can feel overwhelming. If you find yourself in this situation, you are likely experiencing a range of emotions. It’s completely understandable to feel confused, worried, or even frightened about what comes next. You may be wondering about the potential consequences and how to protect your rights. At our firm, we want to let you know that we are here to guide you every step of the way. Our team understands the stress that comes with facing a criminal defense case, and we are committed to helping you navigate the legal process with compassion and care.

Tenn and Tenn

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.

Understanding DUI Charges in New Hampshire

DUI, or Driving Under the Influence, is a serious offense in New Hampshire. If you are arrested for driving while impaired by alcohol or drugs, you could face significant legal consequences, including fines, license suspension, and even jail time. The severity of the penalties depends on several factors, such as whether it’s your first offense or if there are aggravating circumstances involved. With these possible outcomes in mind, it’s crucial to build a strong defense to protect your rights and minimize the impact of the charges.

A DUI charge can stem from a variety of situations. Perhaps you were pulled over because a police officer suspected you were driving under the influence, or you may have been involved in an accident. In any case, it’s important to remember that just because you’ve been charged doesn’t mean you are automatically guilty. There are several strategies your defense attorney can use to fight the charges and potentially reduce the penalties you face.

Challenge the Traffic Stop

One of the first strategies that can be used to defend against a DUI charge in New Hampshire is challenging the legality of the traffic stop. Police officers must have a valid reason for pulling you over. If they didn’t have reasonable suspicion that you were breaking the law, it could make your arrest illegal. For example, if the officer stopped you without observing any signs of impaired driving or if the stop was made without any legal justification, it could be grounds for the case to be dismissed.

Additionally, officers must follow specific procedures when conducting a DUI investigation. If they failed to follow the correct protocol during the stop or the arrest, it could also work in your favor. For instance, if the officer didn’t inform you of your rights or if evidence was mishandled, it could weaken the prosecution’s case against you.

Dispute the Results of Field Sobriety Tests

Field sobriety tests are often used by officers to assess whether a driver is under the influence of alcohol or drugs. These tests can include walking in a straight line, standing on one leg, or following an officer’s finger with your eyes. However, these tests are not foolproof and can be influenced by a number of factors unrelated to alcohol or drugs. For instance, if you have a medical condition, are nervous, or were not given proper instructions, it can affect your ability to perform the tests accurately.

A skilled defense attorney can challenge the results of these tests by showing that they were not conducted properly or that they do not provide clear evidence of intoxication. In many cases, a judge may question whether the officer had a reasonable basis for administering the tests, especially if there was no clear evidence that you were impaired.

Question the Breathalyzer Test Results

One of the most common pieces of evidence in DUI cases is the breathalyzer test, which measures the amount of alcohol in your bloodstream. However, breathalyzer tests are not always accurate. Several factors can lead to false readings, such as incorrect calibration of the device, improper administration of the test, or even medical conditions that can interfere with the results. For example, if you had a cold or used mouthwash before the test, it could affect the outcome.

A skilled attorney can challenge the results of a breathalyzer test by scrutinizing how the test was performed and whether the equipment was properly maintained. If there is a possibility that the test was inaccurate, it may be possible to have the evidence thrown out or discounted in court.

Question the Reliability of Blood Test Results

In some cases, blood tests are used to determine the level of alcohol or drugs in a driver’s system. While blood tests are generally more accurate than breathalyzer tests, they are not without their own issues. Blood tests can be contaminated, improperly stored, or misinterpreted. Additionally, certain drugs may not be detected by standard blood tests, which could lead to inaccurate results.

To challenge blood test results, your attorney will carefully examine how the test was conducted and whether any procedures were violated. If the blood was not handled properly, or if the results were not properly interpreted, it could help weaken the prosecution’s case against you.

Look for Possible Errors in the Arrest Process

Another important aspect of defending a DUI charge is examining the arrest process itself. If there were any mistakes made during your arrest, such as not being read your rights, it could lead to a violation of your constitutional rights. Additionally, if the officer did not have probable cause to arrest you in the first place, it could make the arrest unlawful.

When your rights are violated during the DUI arrest, any evidence obtained as a result may be inadmissible in court. This could be a significant advantage in building your defense and reducing the likelihood of a conviction.

Consider Alternative Explanations for Impaired Driving

While DUI cases are typically associated with alcohol consumption, there are many other factors that can cause impairment, such as prescription medication or medical conditions. If you were taking prescription medication or had a medical condition that may have affected your ability to drive, your attorney could present this information to help explain your behavior.

For example, certain medications can cause drowsiness or impair coordination, which could mimic the effects of intoxication. If you were prescribed medication that affects your driving ability, your attorney can argue that you were not intentionally driving under the influence and that your actions were caused by the side effects of the medication.

Negotiating a Plea Deal

In some cases, the best strategy may be to negotiate a plea deal with the prosecution. A skilled attorney can work with the prosecutor to reduce the charges or seek a lighter sentence. For instance, instead of facing a DUI conviction, your attorney may be able to have the charge reduced to reckless driving or another lesser offense. This can help avoid the long-term consequences of a DUI conviction, such as losing your license or facing higher insurance rates.

When negotiating a plea deal, your attorney will consider various factors, such as the strength of the prosecution’s case, your driving history, and the circumstances of the arrest. They will work to secure the best possible outcome for you, even if that means negotiating for a reduced charge or sentence.

Facing a DUI charge can be a challenging and stressful experience. However, you don’t have to go through it alone. At Tenn And Tenn, PA, we understand the difficulties you may be facing, and we are committed to providing you with the legal support you need to achieve the best possible outcome for your case. Whether you are fighting the charges in court or seeking to negotiate a plea deal, we will be by your side every step of the way. Our team will review all the evidence, challenge any weaknesses in the prosecution’s case, and work tirelessly to protect your rights. If you are facing DUI charges in New Hampshire, contact us today to discuss your case and learn how we can help you navigate this difficult process.

To learn more about this subject click here: Top 10 Defenses Against DUI Charges in New Hampshire