Pulled over for a DWI in New Hampshire (part two)

[Continued from Part One]

If you refuse to submit to physical tests, the officer will take your license, inform you of your Miranda rights and begin booking you.  Under Miranda, you do not have to answer questions that may incriminate you, but the officer will require some information such as your height, weight, and eye color.

If you previously refused to take physical tests to determine your alcohol level, the officer can obtain a warrant and under the protection of law, obtain chemical, blood, urine or breath results to be used against you in court.

As soon as you are able, you should call your attorney. You should not talk about your arrest with anyone, including family, friends, or cell mates. Only speak with your attorney. While you are waiting for your attorney, remain courteous to law officials. Even though you will probably be scared, nervous and agitated, try to remain calm and follow directions.

As soon as you are able, post bail and go home. By the time you are able to post bail, the police have already gathered as much information from you that they can use. You need to rest up and begin your defense.

If you haven”t spoken to your attorney yet, do so as soon as possible.  Tell your attorney everything that relates to the case and answer every question with complete honesty. You will need to share all details leading up to and following your arrest.

Your attorney will begin gathering evidence for your defense. He will visit the scene, conduct interviews, gather reports and information from the police, and investigate all allegations thoroughly. If at any time you remember a forgotten detail, tell your attorney as soon as possible.

Getting a DWI in NH is a serious offense with serious consequences. Hiring an experienced DWI attorney, and being an active participant in your defense is of the utmost importance.

Pulled over for a DWI in New Hampshire (part one)

One question I am often asked is whether to submit to Field Sobriety tests and breathalyzer tests. My answer depends on the situation.

Once you have been pulled over by the police, you should stay in the car, speak as little as possible, and give the officer your driver’’s license and registration when asked. Be courteous. Do not question or argue with the officer, but understand that you do not have to answer questions about where you have been, how many drinks you may or may not have had, or where you are going.

The officer begins assessing your physical appearance, listening for slurred speech, and searching for the odor or physical evidence of alcohol, immediately after pulling you over. Keep that in mind when you do speak and  speak clearly, in a calm manner and do not say more than you must.

If the officer suspects that you are under the influence of drugs or alcohol, he will request that you step out of the car and perform a series of Field Sobriety Tests.  These tests will allow him to judge your coordination. You are not required by law to participate in Field Sobriety Tests. You can politely refuse these tests without “getting into trouble.”

Breathalyzer and alcohol concentration tests are another matter totally. According to the law of Implied Consent, when you drive on any New Hampshire road, you forfeit your right to refuse an alcohol concentration test. If you refuse to take an alcohol concentration test, you will automatically lose your license for 180 days for your first refusal or DWI conviction, or for two years if you have a prior conviction.  This license suspension is in addition to any punishment incurred if convicted.

Before making you take the breathalyzer test, the officer must read the Implied Consent/ Admin  per se admonitions to you. These admonitions state that you have the right to choose who is to administer physical tests, and that when you inform the officer of that right he must give you the opportunity to request those tests.  Keep in mind that the tests must be administered by properly license and trained persons.

If the officer fails to inform you of the Implied Consent admonitions, then any evidence collected can not be used in court.

If you are injured or incapacitated, that is unable to refuse testing; the officer has the right to assume that you give consent for testing under the law of Implied Consent, and administer the tests. The results can and will be used in court.

Not a “Fiesta” for all – Mandatory Blood Testing

San Antonio, home of the Alamo, is also known for hosting one of the largest parties of the year – Fiesta. Its Battle of Flowers Parade and Fiesta Flambeau parade draw more than 100,000 spectators, and the 10-day, citywide party hosts hundreds of individual parties and celebrations.

With any large party comes excessive drinking.

Texas is currently considering new measures with regard to drunk driving. The Texas Senate recently passed two bills that have yet to become law; one to establish sobriety check points in major metropolitan areas and another for mandatory blood tests of DWI suspects.

Bexar County District Attorney, Susan Reed, has already passed such measures for holidays with high incidence of DWI arrests and accidents. Memorial Day 2008 and this past New Year’s District Attorney Reed issued the “No Refusal Accepted” ordinance which permitted police to acquire warrants to draw blood on any DWI suspects refusing a breath test.

This measure has gone into effect again for the 10-day Fiesta celebration, which kicked off today in the Alamo City.

Bexar County’s goal, aligned with a broader Texas goal, is to make mandatory blood tests the rule, rather than the exception.

More information can be found in a recent San Antonio Current article:
http://www.sacurrent.com/blog/queblog.asp?perm=69655