Common NH DWI questions answered
“Do I really need to hire a lawyer?”
If you were charged with drunk driving (DWI, DUI or OUI) time is of the essence. If you procrastinate in a DWI case, you may waive some of your rights or exculpatory (evidence that tends to prove you’re not guilty) evidence may be lost as a result of the delay. It doesn’t cost anything to place a phone call other than a little bit of your time so don’t delay.
Many people feel that hiring an attorney won’t make a bit of difference in their drunk driving case. That is only true if you hire the wrong lawyer for the case. Defending DWI cases is very different than handling a divorce, a real estate transaction or even a homicide for that matter. That is why very few attorneys are equipped to handle DWIs well because of the high degree of specialization required. Attorney Bly has handled numerous DWI cases with a great deal of success and he specializes in DWI defense.
While no lawyer can (or should for that matter) guarantee you a particular result in your case, an attorney who specializes in DWI defense will have the specialized knowledge and skills to aggressively press every legal advantage to ensure the best possible outcome in your case.
If you need to speak with a lawyer about a DWI in New Hampshire or an OUI in Maine, call the attorneys of NIELSEN & BLY now. We have offices in Portsmouth, New Hampshire and Biddeford, Maine and are available evenings and weekends to meet and discuss your case. We can help.
“How can I keep my license?”
This is by far the most frequently asked question, and for many people, the most important issue. Because New Hampshire has very few public transportation options, a loss of driving privileges could cost you your job resulting in economic hardship and turmoil at home.
It is important to understand what you are facing regarding the license suspension. In New Hampshire, you can lose your license one of two ways. 1st, you can lose your license if you plead guilty to DWI or are convicted of the crime of DWI following a trial.
2nd, you can lose your license if you either, a) fail to request an administrative license suspension (ALS) hearing before the New Hampshire Division of Motor Vehicles; b) fail to prevail at your ALS hearing at the DMV.
The ALS suspension (administrative license suspension) can be contested by filing a hearing request within thirty days of receipt of your BAC result. The only issues for contest are as follows:
- Whether reasonable grounds existed to believe you were operating a motor vehicle while under the influence;
- The facts upon which the reasonable grounds are based;
- Whether you had been in fact arrested;
- Whether or not you refused to submit to a chemical test;
- Whether the officer informed you of your right to have a similar test or tests conducted by a person of your own choosing;
- Whether or not the officer informed you that by refusing to submit to a chemical test you would be subject to additional suspension times;
- Whether or the test was administered properly and that you had a .08% BAC or greater OR, if you are under 21 years old, you had a .02% or greater BAC.
The hearing request must be perfected or it will be returned to you, which may result in denial of your request because it is untimely.
Attorney Bly will ensure that your rights are protected on both sides of the case; criminal and ALS. The DWI legal system is a complex and confusing system to the unitiated. Don’t go into your case alone or with an unprepared or inexperienced attorney. Call NIELSEN & BLY, P.C. to speak with Attorney Bly about defending your drunk driving case.
“I lost my license for DWI. How do I get it back?”
You are required to serve the entire period of suspension resulting from a conviction for DWI as well as any related administrative suspensions from the DMV.
You may have to meet an SR-22 insurance filing requirement as well as attendance at an Impaired Driver Intervention Program (IDIP), a Weekend Impaired Driver Intervention Program (WIDIP) or successful completion of the Multiple Offender Program (MOP).
Finally, you must pay any outstanding fines and reinstatement fees in order to clear up the suspension. Your DWI attorney at NIELSEN & BLY, P.C. can discuss all of the “ins and outs” stemming from a DWI conviction and how to get your license reinstated as quickly as possible.
“How will the attorneys of NIELSEN & BLY, P.C. handle my case?”
We take a professionally aggressive approach to every case we handle. While we maintain good relationships with the police and prosecutors, we don’t pretend that relationships alone will make your case disappear. Hard work, preparation and a willingness to fight and go to trial is the key to success. Any attorney who tells you that they know the prosecutor or police officer and that that will make the difference in your case is doing you a disservice. Very rarely, if ever, are cases won on relationships alone.
Attorney Bly will review all of the evidence to determine the weak points in the prosecution’s case and begin to build a theory of defense. When we analyze a case, we look at the case from every angle in order to determine what evidence to attack. We analyze every aspect of the case, from the initial stop, the performance on field sobriety testing and any chemical testing such as breath or blood tests.
Many times a case can end well before trial if there is a constitutional violation and your attorney files and argues a proper motion to suppress evidence. Motions to suppress evidence can cover a wide range of evidence and constitutional issues. This area of the defense is one of the most important areas to identify and develop early on in the case.
Attorney Bly is a well-trained and highly skilled DWI attorney. He is certified as both a practitioner and instruction in field sobriety testing and has completed the same courses on field sobriety testing that the police have taken. He is also certified by the U.S. Department of Transportation as a breath testing operator for the Intoxilyzer 5000EN. The Intoxilyzer 5000EN is the only machine used in New Hampshire for breath testing.
Having a skilled, dedicated DWI defense attorney on your side can make all the difference in the world. While the vast majority of cases are settled through plea bargaining, your attorney must possess the requisite skill, base of knowledge and desire to fight in order to ensure the best results in the event that the case proceeds to trial. Attorney Bly’s philosophy in handling DWI cases is that it is imperative to assume the case is going to trial from day one. That way, the evidence and theories of defense can be developed and perfected early in the event the case doesn’t settle out in a plea negotiation or it isn’t dismissed on a motion to suppress evidence. If your attorney plans on the case being negotiated for a plea from day one and things don’t go as planned, your attorney may not be prepared or willing to go to trial. Make sure you hire a pit bull, not a Chihuahua for your case.
“What are field sobriety tests and why do they matter in my case?”
The proper term is standardized field sobriety testing (SFST). The term standardized has a very specific meaning in the context of field sobriety testing. Most of the police officers on the road today have received specialized training on how to properly administer field sobriety tests. A police officer in New Hampshire is trained how to administer the exact same tests in the exact same manner as an officer in Maine, California, New York, Illinois or any of the other 50 states.
The course these officers take is titled “DWI Detection and Standardized Field Sobriety Testing”. The material is the same at every academy throughout the country and taught by certified instructors “by the book.” The reason it is standardized is because the National Highway Traffic Safety Administration (the federal government) wrote the book.
So why is it important to your case? Because the investigating officer relies on the result of these roadside balance tests as part of his probable cause determination to arrest you. Many, many times these officers fail to administer the SFTSs in the proper standardized fashion and/or they fail to score the tests correctly. These mistakes may form the basis for a motion to suppress illegally obtained evidence or reasonable doubt for a jury to find you “NOT GUILTY” of the DWI charge.
“Can the officer question me without reading me my Miranda rights?”
That is a rather complex question to which I will try and provide a simplified answer. The two major factors for determining whether or not Miranda needs to be read to a person are 1) the person must be in custody and; 2) the person must be subject to interrogation.
If the police questioned you in your DWI case or in a criminal matter, you need to call our office now to speak with an experienced attorney from the Law Office of NIELSEN & BLY, P.C. Find out now whether or not the police violated your rights!
“Why did the police officer have me blow in a machine roadside and can the breath test result be used against me in a court of law?”
The device you blew into was a Preliminary Breath Test device (PBT). It was probably made by Intoxilyzer, the same company that manufactures the desktop breath-testing machine. These devices are not very accurate. That being said, the test can and will be used against you in court as relevant evidence of your BAC level and thus, your level of impairment.
If you refuse to submit to a PBT, the act of that refusal may not be used against you in trial. However, it may be used as a factor supporting probable cause for arrest. If your attorney challenges that result, the refusal may be addressed by the arresting officer during the hearing on your motion to suppress.
It is generally a bad idea to submit to a PBT. There is nothing to be gained by submitting. While you think you may be exonerating yourself by submitting a PBT sample, you may actually be sealing the evidence against you if the machine is problematic.
That said, please keep in mind that you have a duty to submit to a test back at the police station. The PBT is given roadside and is separate and distinct from the more reliable (that’s even debatable) desktop breath testing instrument.
“What is the machine I blew into at the police station and how can it be used against me?”
In New Hampshire, if you gave a breath sample back at the jail or police department, the machine that analyzed it was the Intoxilzyer 5000EN, which is the only approved machine for analyzing breath samples in the state.
The Intoxilyzer isn’t the world’s most accurate breath testing device nor is it the world’s only breath testing device. Some states use a more updated version such as the Intoxilyzer 8000 while other states use breath testing devices supplied by other companies such as Intoximeter and Draeger.
In New Hampshire, the prosecutor will use the breath test against you as evidence of your impairment. The law states that if your BAC is a .08% or greater that you are impaired by the alcohol. The breath test certificate is generally the most damaging piece of evidence that the prosecutor will seek to admit against you and it is your attorney’s job to either exclude the evidence or explain why it doesn’t apply to you.
If there is a problem with the breath test, the maintenance of the machine or the administration of the test, these are issues that could put an end to the case before it ever reaches trial. However, if your attorney is inexperienced or doesn’t have the requisite knowledge base to uncover these issues, those issues may remain undiscovered.
Attorney Bly is a well-trained and highly skilled DWI attorney. He is well versed in the science and methodology behind breath testing. Attorney Bly owns an Intoxilyzer 5000EN and is certified by the U.S. Department of Transportation to operate the machine.
“The police obtained a blood sample from me for testing. Should I just plead guilty since blood testing is more accurate than breath testing?”
NO. Do not plead guilty under any circumstances. While you are correct in assuming that a blood test is the most accurate form of chemical testing in DWIs, it is not infallible. There are many issues that arise from blood testing in a drunk driving case that can put an end to the case before it reaches trial.
Some of the areas that need to be explored by your attorney include the credentials of the nurse, the protocols used for drawing, collection and storage of the blood and whether or not the lab performed a proper blood test according to established laboratory procedures. A well-trained DWI specialist will know the areas of weakness to exploit, such as the chain of custody, will understand the science and theory behind blood testing and will be able to undermine the state’s arguments through careful investigation and preparation for trial.
You never know how a case will develop until you roll up your sleeves and plunge right in. The only guarantee in this business is that if you plead guilty, you will be found guilty and saddled with a criminal record.
Don’t go into this alone or with the wrong attorney. You only get one shot at beating your case and foregoing an attorney or hiring an attorney because he told you what you wanted to hear or he was “the right price” is a recipe for failure. The most important thing at the end of the day is the result in your case. Everything else is a distant second. If you saved a few thousand dollars but you were convicted of drunk driving, you really didn’t save anything.
