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.

Defining DWI : First Offense Class B Misdemeanor DWI

If you have consumed alcohol, you should consider a few things before getting behind the wheel. First, New Hampshire has an implied consent law, which means that if you are operating a vehicle on any New Hampshire road, you are automatically giving consent to physical tests and exams that will help law officials determine if you are driving while intoxicated. These tests include field sobriety tests, urine tests, and breath tests.

In New Hampshire, Driving While Intoxicated (DWI) is defined as operating or being in physical control of a vehicle on a public way, while under the influence of alcohol and/or controlled drugs. Being in physical control of a vehicle means being in the driver’s seat with a key in the ignition–even if the engine in not on.

Intoxication is determined by the amount of alcohol concentrated in your blood (Blood Alcohol Concentration level or BAC). If driving a commercial vehicle, your BAC can’t be at or above .04. If you are under 21 years of age your BAC can’t be at or above .02. And if you are over 21, your BAC can’t be at or above .08.

The penalties for a Class B Misdemeanor DWI will impact your life severely. You could lose your license for 9 months to 2 years if you are 21 or older. Under 21? Your license will be revoked for 12 to 24 months. If a passenger under the age of 16 is in the car at the time of arrest, your license will be revoked for 2 years.

First-time offenders will also be fined not less than $500, plus a 20% penalty assessment, and be required to complete an Impaired Driver Intervention Program (IDIP). If you had a passenger under the age of 16 in the vehicle, you will also be required to complete a 7-day residential Multiple Offender Program (MOP).

Finally, if you’re a first-time offender you will not be required to serve time in jail. You will, however, incur six demerit points on your driving record and the court may require you to install ignition interlock devices on all vehicles registered to you as well as any vehicles you use. If you are under 21, the court may require ignition interlock devices until you turn 21, however long that may be. You will be responsible for the cost of installation, calibration and maintenance of all interlock devices required.

In short, even first-time offenders can pay dearly for a First Offense Class B Misdemeanor DWI. Fair warning.