Posts Tagged ‘DWI Lawyers’

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.

In Nebraska, if you are arrested with drunk driving, get ready to face severe charges which includes both civil as well as criminal. In the case of civil, the state will take away your driving license whereas in criminal charges, the state will try to get your convicted for DWI. These two are good enough reasons for you to rush to an expert Nebraska DWI lawyer as the penalties include jail time, suspension of your license, huge fine along with attending courses related to alcohol driving and at times even attaching an interlocking ignition device to your vehicle. The severity of the penalties will vary based on the frequency of your DWI arrests. Taking help from a DWI lawyer will help in understanding the laws as the legal system is quite complicated and he will be able to get the best possible result for your case.

If you are suspected of driving a vehicle under the influence of alcohol in Nebraska, the police officers have the right to stop you and do a series of tests (like the Breathalyzer test) and if you refuse it, it is likely that your license will be revoked immediately.


A Nebraska DWI lawyer will review each and every detail of your arrest from beginning to end so that you get the best result. If you are a first-time offender, by hiring a skilled DWI lawyer will make immense difference as he might help you in getting the right to drive the vehicle with probation rather than completely losing the license. Though the main focus of the lawyer would be to help you get out of charges and dismiss the case, it might not be possible based on the complexity of the case. An experienced DWI lawyer will, however, definitely help you in improving the outcome of the case.

Prominent DWI Lawyers in Nebraska

Brendan Kelly is a Nebraska DWI attorney who has been involved in solving various kinds of drunk driving arrests in the geographical location of Nebraska. As a DWI in your driving records can be quite a problem, he fights to protect your driving rights aggressively and has been successful many times. If you are stuck in a drunk driving charge in Douglas, Sarpy or Washington counties, Kelly can be of great assistance as the Nebraska DWI laws are complicated and technical. He has the necessary advanced scientific and legal knowledge which is needed to defend cases. He has a law degree from Creighton University and is licensed to practice law in both Nebraska and Colorado. He also offers free consultation for various DWI cases.


McGoughLaw, P.C. L.L.O. has been involved in defending cases related to DWI for clients from Omaha, Nebraska and the rest of Nebraska. It has been involved in helping its clients in areas of crime like drunk driving crimes, drug crimes, assault and battery crimes as well as all felony and misdemeanor crimes. The DWI defense lawyers have over 15 years of experience and have been successfully handling DWI cases. The firm has a strong reputation for excellence in the courtroom and aggressively represents its clients that have been charged or arrested with DWI through different stages of the trial process. If you are a resident of Nebraska and want to get out of the mess of DWI you can seek the help of this firm.

Many individuals abuse alcohol consumption based on the many myths surrounding DWI and the various tests carried out by DWI law enforcers to control the crime. These DWI myths range from the extremely weird to credible suggestions that simply are not scientifically correct. Some of these myths include:

1. Breath: Most individuals believe that the smell of alcohol on your breath is what gives the BAC reading. However, research has proven this is not so. Alcohol has no odor. The odor is generated from the other ingredients used to make the drink. As a result, an individual who consumes non-alcoholic beer will have the same mouth odor as one who consumes alcoholic beer. Research has also shown that odor level estimates for some high potent alcoholic beverages were off by up to .13, which is almost twice the legal limit.


2. Accurate Breathalyzers: Do not give up if you are pulled over for a suspected DWI. Research has shown that breathalyzer testing is not a 100% full proof method of declaring you were driving under the influence. Any experienced DWI lawyer can easily expose the accepted .01% inherent error of the system and this has now been accepted in courses nationwide.


3. Jury Trial: The format of DWI cases is not cast in stone. Accusers have the right to refuse judgment by a judge and request a jury trial. With its margin error of 30 – 40%, a jury is important especially when the circumstances of your charge are questionable. This request cannot be denied, as it is your right under the sixth amendment.


4. Guaranteed correct BAC Results: It is a known fact among law enforcers and DWI lawyers that the testing method for breathalyzers is not full proof. Arresting officers can easily manipulate the information generated by the machine to prosecute suspected DWI offenders. Tests have shown that the first few breaths blown into the machine has a less alcohol content than the last couple of breaths do. This is because the first breaths that exudes from the top of the lungs that has lower alcohol content. The last couple of breath will come from the bottom of the lungs, close to the alveolar sacs that are rich in alcohol content. With this knowledge, the arresting officer keeps yelling at the driver to blow hard into the test machine until an elevated result is reached. Studies show that some breath test under these conditions revealed an actual alcohol content of .14% when compared to the actual blood test results of .09%. Always inform your DWI lawyer of the arresting officer’s conduct.


5. Breathalyzers tell Blood Alcohol Content (BAC): Many individuals believe that a breathalyzer machine actually measures blood alcohol concentration level. This is understandable as the acronym BAC suggests. However, the breathalyzer machine only gives an estimate of the amount of alcohol concentration by detecting any chemical compounds that contains trace elements from a methyl group of elements. Correct alcohol content must be verified by a blood test that has also been proven to have a 5% margin of error.


6. Mandated Roadside Testing: Roadside testing is not mandatory. Suspected offenders can refuse the roadside sobriety test but must immediately make themselves available for a chemical blood test at their expense at the nearest certified medical facility.


7. Roadside Integration: Suspected offenders often believe they must answer all the questions posed to them by their arresting officer. Drivers have the right to remain silent about any questions pertaining to your impairment.


8. Sucking on Copper Coins- some individuals believe that sucking on copper coins following the consumption of alcohol can actually lower their BAC reading. They think the chemical content will affect the machines ability to calculate your BAC level. This has proven to be utterly untrue.


9. Being Alcohol Free: Being alcohol free does not prevent you from being arrested on a DWI. Test show that traces of marijuana and other high potent drugs remain in the body up to twenty days after being consumed.


10. Pleading Guilty: Many persons believe that just pleading guilty will eliminate the rigors of the court case and sets you along your merry way, however this is not so. After a guilty plea, your information is entered into the state’s system. If you are charged again for the same crime, you will be treated as a repeat offender and attracts a different set of rules.