DWI / DUI / OUI

New Hampshire law makes it a crime for a person to drive or attempt to drive a vehicle while “under the influence of intoxicating liquor or any controlled drug” or any combination of alcohol and drugs.

It also makes it a crime to operate a vehicle with an alcohol concentration of 0.08 or more (or, if under age 21, 0.02 or more).

There is no legal distinction between OUI, DUI or DWI. Regardless of what it is called, a conviction will have serious and long-term consequences and can result in penalties, fines, a loss of driver’s liscense and even jail time.

If you or someone you know has been arrested in New Hampshire for DWI / DUI / OUI, we can help. Call us now at (603) 658-X-DWI to speak with one of our experienced DWI lawyers.

Frequently Asked Questions about DWI

1. Should I blow? What if I refuse?
2. Can I choose between a breath test or a blood test?
3. Can I speak with a lawyer before deciding whether or not to submit to a breath or blood test?
4. Can the test results ever be wrong?
5. What is a PBT, and what if I refuse to take it?
6. Can I get a hardship license so I can drive to work?
7. If I am convicted, will I go to jail?
8. Does it really make a difference which lawyer I hire?

• 1. Should I blow? What if I refuse?

• If you agree to a breath or blood test, two things could happen: First, the police may use the test results against you at a DWI trial. Second, if the test discloses that your alcohol concentration level is above a .08, the DMV will take away your license for 6 months (or more depending upon your driving history), regardless of whether you are convicted or even charged with DWI.
• If you refuse to submit to physical tests or to a test of blood, urine, or breath, no test may be given. As a result, the police will not have any test results to use against you in court. However, in New Hampshire, the State is permitted introduce at trial your decision to refuse the test. More importantly, if you are arrested for DWI and refuse a breath or blood test, the DMV will still suspend your license for at least 6 months, and in some cases for 2 years. If you are convicted of DWI, the DMV-ordered loss of license is in addition to any court-ordered loss of license.
• Whether you submitted to the test or refused it, you should discuss the facts of your case with an experienced DWI lawyer. An experienced DWI lawyer may be able to help you get your license back sooner. The lawyers at Samdperil & Welsh, PLLC sit down with each client, review their case and driving history, and work hard to get their clients the most favorable outcome possible.

• 2. Can I choose between a breath test or a blood test?

• The New Hampshire Supreme Court has interpreted the state’s implied consent law “as giving the choice of the test to be used to the law enforcement officer not the accused driver.” However, the police must inform you of the results, and preserve a second sample of the blood or breath. If the police fail to follow certain procedures, the test results may be inadmissible.

• 3. Can I speak with a lawyer before deciding whether or not to submit to a breath or blood test?

• “Advice of counsel is not constitutionally required” under either the federal or New Hampshire constitutions. This means that the police do not have to let you consult with a lawyer before you choose whether or not to take a chemical test or do physical tests. If you demand to speak to a lawyer before taking the test, the police will consider this a refusal to take the test.

• 4. Can the test results ever be wrong?

• Yes! For breath or blood testing to be performed correctly, certain procedures must be strictly followed. Even when those procedures are followed, errors can occur. Everything from proper equipment maintenance to radio frequency interference to an involuntary belch can affect breath test results. If you provided a breath or blood sample to the police, you should hire a lawyer who is knowledgeable in the science of chemical testing, and who works with chemical testing laboratories and expert toxicologists. The lawyers at Samdperil and Welsh know the proper testing procedures and work with respected scientists and experts.

• 5. What is a PBT, and what happens if I refuse to take it?

• Before making an arrest for DWI, a police officer may ask the driver to submit to a preliminary breath test (PBT). A preliminary breath test is a roadside chemical test that measures the level of alcohol concentration in the person's breath. A PBT can only be administered by a police officer who has been certified to use the device.
• The officer must inform the driver that whether or not he or she agrees to take the test will not prevent or require a subsequent test. Additionally, and more importantly, refusing to take the test is not admissible at a DWI trial. The police officer must also provide the results of any test to the person taking the test immediately, and in writing if requested.

• 6. Can I get a hardship license so I can drive to work?

• A hardship license is not available to persons holding a New Hampshire license. For that reason, it is critical that you hire a qualified lawyer to represent you in any situation where a loss of license is possible.
• Each of the lawyers at Samdperil & Welsh has been practicing in the New Hampshire courts for over ten years and is familiar with the laws and administrative rules that apply when a loss of license is involved.

• 7. If I am convicted, will I go to jail?

• New Hampshire law imposes mandatory fines, a mandatory loss of license, and, in some cases, a mandatory jail sentence for persons convicted of DWI.
• The punishment may vary depending upon whether it is a first or subsequent offense, the person’s alcohol concentration levels (BAC or BrAC), and other facts specific to the case.
• If you are charged with DWI, you should contact a lawyer as soon as possible, before you go to court, to minimize your risk and discuss the possible consequences in your case.

• 8. What is the difference between OUI, DUI, and DWI?

• New Hampshire law makes it a crime for a person to drive or attempt to drive a vehicle while “under the influence of intoxicating liquor or any controlled drug” or any combination of alcohol and drugs. It also makes it a crime to operate a vehicle with an alcohol concentration of 0.08 or more (or, if under age 21, 0.02 or more).
• There is no legal distinction between OUI, DUI or DWI. Regardless of what it is called, a conviction will have serious and long-term consequences.
• You should consult with a lawyer if you are charged with any of these crimes.

• 9. Does it really make a difference which lawyer I hire?

• Yes. Police are specially trained in testing and gathering evidence against persons they suspect are driving under the influence of drugs or alcohol. Your lawyer should be too.
• Joe Welsh and Richard Samdperil are not just experienced criminal defense lawyers. Joe and Richard have attended special DWI training programs and have experience defending DWI cases. They have studied the police manuals for “DWI Detection and Standard Field Sobriety Testing” and for operating the Intoxilizer 5000, the breath machine used by police.
• Richard Samdperil has been specially trained in conducting field sobriety testing according to the US Department of Transportation’s manual, and completed the same course that New Hampshire law enforcement officers receive at the state police academy.

Samdperil & Welsh: Experienced Exeter, New Hampshire Attorneys | © Samdperil & Welsh, PLLC | Website by Primal Media

Samdperil & Welsh, PLLC is the Exeter, New Hampshire area’s most experienced criminal defense firm. Our trial and appellate attorneys represent adult and juvenile clients in New Hampshire’s local district courts, superior court, and New Hampshire Supreme Court for felonies, misdemeanors, DWI / DUI /OUI, murder, sexual assault, drug posession and sales, and fraud. Samdperil & Welsh lawyers represent clients in Exeter, Hampton, Portsmouth.

These materials have been prepared by Samdperil & Welsh, PLLC for informational purposes only and are not intended and should not be construed as legal advice. Additionally, this information is not intended to create a lawyer-client relationship and any submission or receipt of information from this web site does not create a lawyer-client relationship.