Accidents caused by drunk driving threaten the lives and safety of other motorists. As such, law enforcement in New Hampshire is dutifully trained to look for any signs that a person may be under the influence of alcohol. There are a number of circumstances though where NH law enforcement may not follow proper procedure, use un-calibrated equipment when taking a motorist’s BAC, or consider other possible explanations for the allegedly impaired behavior.
Common Drunk Driving Defenses
- Improper Stop. This defense involves the claim that law enforcement lacked probable cause to make the initial traffic stop.
- Accuracy of Field Sobriety Test. An arrest may be deemed improper if the field sobriety test was improperly administered. The horizontal gaze nystagmus, or HGN test, is challenged often.
- Accuracy of Breathalyzer Test. This challenge can be focused on either the portable device that is used at the scene or the standard device used at the police station after an arrest is made. However, the defense for both is similar in that an attorney may challenge the officer’s training, question if there were intervening factors, or if the device is properly calibrated.
- Rising Blood Alcohol Concentration. This defense centers around the timing of the BAC test itself. More specifically, an attorney can argue that the defendant’s BAC was below the legal limit at the time of the traffic stop but increased by the time the test was administered.
DUI offenses have serious consequences in New Hampshire. It is imperative to contact an experienced DUI attorney to determine what defenses may best be argued for a DUI charge in New Hampshire. The criminal defense lawyers at Wilson, Bush, Durkin & Keefe have the proven record of success to defend you when you need it the most.