Archive for January, 2010

Being arrested for New Hampshire DWI and refusing or failing the blood, breath or urine test will result in you being charged with severe penalties like jail time, suspension of license, fine and increases in your insurance rate. Also, if your BAC is 0.08% or more, your license will be suspended for 30 days after the arrest unless you hire a New Hampshire DWI attorney who can help you in requesting an administrative hearing within the predefined 30 days after the arrest. If you refuse or you fail the breath test, your license will be suspended for 180 days without this hearing.

It is very important that your New Hampshire DWI defense attorney is an experienced and well qualified attorney who is able to give you free consultation. It is the first critical step that you need to take after a drunken driving arrest. Even if your case is hopeless, you can still seek the help of an attorney who can help you either to relieve you of the penalties or reduce them. Most DWI attorneys are available 24 hours per day to answer your questions to help you fight your drunk driving arrest.

Common questions asked to New Hampshire DWI Attorneys

One of the most common questions asked to a New Hampshire DWI attorney is whether you can fight and win a DWI case. The answer in most cases is ‘yes, it is possible.’ He can review your case in detail ranging from the reason for being stopped, to the authenticity of the field sobriety tests and to the maintenance of the breathalyzer tests machine and the validity of the results. He will also go through evaluation of the facts and laws applicable to your New Hampshire DWI case. He can even discuss the case with the prosecutor and judge effectively with appealing to the judge based on your background, your profession as well as whether you need to keep your license.


Another question which might arise is whether the DWI case can be won and the answer is usually yes as the attorney is experienced and specializes in handling DWI cases. He will have a track record of handling similar cases earlier based the experience of which he can help you get reduced drunk driving penalties.

Best Ways a New Hampshire DWI Attorney can help DWI convicts

New Hampshire DWI arrests and prosecutions are also dependent on the “per se” DWI law. According to this DWI law the investigation is based completely on the on body chemistry. As a qualified New Hampshire DWI defense attorney, he can answer the question on whether you were driving the vehicle with a BAC of 0.08% based on the results of the tests and defend your case by questioning the witnesses like scientists and officers. It is circumstantial evidence of the alcohol level at the time of driving, which is critical for the New Hampshire DWI defense attorney.


He will also be well versed with the way the standard field sobriety tests work and know that at times it might not be accurate. At time these tests can be disputed and can be used effectively to your benefit in the court. If not done properly, there are chances that it gives the wrong results and a DWI attorney can use it to defend you. He will work with you through your case and help you get reduced penalties or completely remove it. A DWI on your driving record can impact your life and future so having an attorney by your side to defend your case is the best possible thing you can do as soon as you are arrested.

The first thing you need to do after DWI in Arizona is install an interlock device in your vehicle. All the costs associated with installation will be borne by you because you are at fault for the DWI. The state of Arizona is working overtime to come up with stricter rules and regulations so that cases of DWI will continue to decrease. There are a number of things that you need to be aware of and schedule after DWI in Arizona. The following is a list of things you need to know and do:

Civil and Criminal Proceedings - When arrested for DWI in Arizona, you face civil and criminal proceedings. Since these two proceedings have no connection to each other, you can win your civil case but lose the criminal one, lose both or win both. The criminal proceedings deal with evaluation, probation, fines and jail time.

Role of the Officer - If you are suspected of a DWI in the state of Arizona, the officer can request urine, blood and breathalyzer tests. You are given the legal right to refuse these tests but, if you do so, there is a strong possibility that your driving license is going to be automatically suspended for a period of one year. If you give them a hard time, the officer can easily get a search warrant for the tests anyway.

If the tests come to the conclusion that your Blood Alcohol Concentration level was .08% or more, your license will be seized on the spot. If you are not a resident of Arizona, the officer cannot seize your driving license.

Requesting a Hearing - To request a hearing in the state of Arizona, you need to write directly to the Motor Vehicles Department. For the hearing, you need to submit the pink copy of your driving license suspension form. Make sure that you fill out all the details correctly and send it directly to the Arizona Department of Transportation.

If you are found guilty in the criminal case, you will be punished on the basis of Arizona DWI sentencing guidelines. After getting the verdict notification, the state will suspend your driving license for at least three months. However, if it is your first DWI offense and you have given full cooperation to the officer in conducting various tests, your driving license may not be suspended.

Arraignment - the arraignment is basically a ticket date, about one to two months after your arrest. You do not need to appear in the court if you are not on bond and have an attorney. Talk to an attorney in order to understand arraignment.

Pre-trial Conference - It is the responsibility of your attorney to discuss your case with the district attorney and come up with the best possible negotiating deal. The pre-trial conference will take place one month after arraignment. Normally, you need to participate in three or four pre trial hearings.

Suppression Hearing - If your legal rights have been violated, the court can suppress some of the evidence against you. For that to happen, your attorney needs to file the proper motions. The suppression hearing will take place three months after the initial pre-trial conference.

California has implemented and formulated certain laws pertaining to driving under the influence of alcohol or drugs. The following information is related to laws and penalties for DWI/DUI in California.

California DWI/DUI Laws

• Any person driving under the influence of alcohol or drug is against the law
• Any person having 0.08% or more, by weight, of alcohol in the blood is not liable to drive
• The state of California forbids driving for any person driving under the influence of any kind of illicit drug or alcohol
• Any person having 0.04% or more by weight of alcohol in the blood cannot drive a commercial vehicle in the state of California

California Secretary of State and Driving Laws

• Section 23152 of CA law says if a person is under the direct or combined influence of any alcoholic beverage or drug, they are not permitted to drive in the state.
• If 0.08% of alcohol is found in the blood of a person while doing a chemical test within three hours of driving, that person is not allowed to drive any vehicle
• If a person is participating in a narcotic treatment program, they can drive a vehicle if permitted by the Secretary of State of California

DWI Penalties in California

Penalties for drunk driving are incredibly complex in the state of California. If you have a conviction for driving with a BAC of 0.08% or more within the past ten years, you will bear a minimum jail sentence. Two or three priors within the last ten years will result in felony charges and state prison time. If the blood alcohol content in your body is 0.15% or higher, the state of California imposes a longer sentence. Also, if you refuse the chemical testing, you are subject to an increased jail term as per the administrative suspension for refusal.

Driving in excess of a specified speed or recklessly with a BAC measuring .08% or more leaves you subject to punishable laws. The state of California may impose enhancement of the punishment depending on the seriousness of the situation.

If you are under the influence of alcohol or drugs and have a minor passenger under the age of fourteen in the vehicle, California imposes increased penalties for the person.

The state of California also imposes stricter laws in case of injuries or accidents caused by a person driving under the influence of alcohol or drugs. The existence of property damage or personal injury may trigger to a more serious sentence. Also there are jurisdictions in the state that elevate the offense of personal injury to felony status.