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New Hampshire DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for New Hampshire on
Q: If an officer requires a breathalyzer,i refuse,hes says dui,2 secs later i agree can he refuse?New Hampshire.

He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an... Read more »

Leonard D. Harden
Leonard D. Harden answered on Aug 4, 2019

There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.

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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?

I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 4, 2019

The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.

It is important that you talk with a qualified DWI attorney ASAP. You have...
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1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on
Q: Can I represent a friend in a New Hampshire court of law?

I am an 18 year old civilian without a law license.

Andrew S. Winters
Andrew S. Winters answered on Feb 17, 2019

Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved....
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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I drove away from a cop after getting pulled over. Im sober just scared. If i turn myself in how much time will i get ?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 10, 2019

This is a very serious situation, you really should call a criminal defense attorney.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I live in NH and have been charged with a DUI but refused a BAC test.previous DUI from 10 years ago, will this be 1st

I'm referring to washout period 1st or second offense

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

Within ten years it will not be considered a first offense.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Why was this female taken to the station, bags and person searched , car impounded overnight, and now has court date?

Female over 21, with prior DUIs, is stopped again, given a breathalyzer results were a .02, and she also passed the field sobriety, did not consent to blood test (because she passed other 2 tests)- Can officer demand the 3rd test -Blood test- with no other indications of intoxication?

Not... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Mar 13, 2018

Looks like you're asking for a friend. So I'm not sure exactly what the facts of the case are. But the police officer has to have probable cost to pull her over. You also suspected that she was probably using an illegal drug. And if you go suspect that he can ask her for a blood test. And even... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: My daughter got charged with underage possession of alcohol in laconia NH what should she plead
William Head
William Head answered on Aug 3, 2017

Contact this lawyer to ask him: Ryan Russman, 603-772-3433. He has offices in several cities in New Hampshire.

There may be a diversion or some sort of deferral program that you can opt to take.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can the DMV arrest me? It says I will be guilty of a class A Misdemeanor ?
Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

Not sure what your question is. Can you clarify?

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: My 24 year old son was pulled over and arrested for DWI when driving home from a friends house at 1am last weekend. He

Repeatedly told the officer that he would take a breathalyzer but the officer refused stating that he needed a blood test. My son faints with needles or the site of blood and he refused. Is his refusal considered an admission of guilt? A urine test was not offered.

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 4, 2013

In Alabama, it is actually a pretty good defense when the individual does not take a test. Even though there can be further repercussions, such as a lengthier drivers license suspension, there is NO HARD EVIDENCE to prove guilt beyond a reasonable doubt. A breathalyzer done on the side of the... Read more »

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