Does this mean that if my BAC is below a .08 I cannot be charged with a DUI in New Hampshire?  No.  New Hampshire law defines driving under the influence (DUI) or driving while intoxicated (DWI) as impairment to any degree.  Other evidence, such as erratic driving, performance on field sobriety tests, or an admission to drinking alcohol will likely be used by prosecutors who are seeking a DUI conviction.  Experienced DUI lawyers carefully review video and other evidence of allegedly erratic driving.  They are trained in field sobriety testing and will challenge unfairly or improperly administered tests.  And knowledgeable lawyers will defend your constitutional rights when police questioning violates Miranda rights or police searches are unlawful.

How can I can I challenge a BAC result or fight a DUI charge? Consult with an experienced DUI lawyer, who represents clients both in court and at ALS hearings.  Ask questions about the process, what evidence will be most important in your case, and ask the lawyer to explain the potential outcomes and how they might affect your driving privileges and criminal record.  The lawyers at Samdperil & Welsh, PLLC are experienced DUI trial lawyers, trained in how police conduct testing and how BAC results may be misleading or wrong. They sit down with every client to review the strengths and weaknesses of the evidence, counsel and advise about the potential outcomes, and help the client make the best decision about how to proceed in their case. 

In 2016, a new site for the courthouse was finally secured, once again in Hampton, and in January of 2019 the new Hampton courthouse opened. The court, now called the 10th Circuit Court – District Division – Hampton, is located at 3 Timber Swamp Road in Hampton (click here for directions). The court has jurisdiction over misdemeanor and motor vehicle cases from the towns of Hampton, Hampton Falls, North Hampton, South Hampton, and Seabrook.plus the New Hampsire State Police and other state agencies.

The new Hampton courthouse is less than 4.5 miles from Samdperil & Welsh, PLLC. Our attorneys frequently represent clients in that court in a range of matters, including DUI’s, drug offenses, and theft-related charges. Please feel free to contact us if we can assist you with your case.

Arraignment – An arraignment is an intial court appearance by a person who is charged with a crime (the defendant).  At a formal arraignment, the defendant must be provided a copy of the Complaint or Complaints (a written statement of the essential facts supporting the offense or offenses charged) and may typically enter a plea of either guilty or not guilty.  In many cases, particularly offenses that are punishable by jail or a loss of license, it is advisable for a defendant to plead not guilty at the arraignment so that he or she may consult with a lawyer and examine the different legal options.  If the defendant is detained (held in jail in lieu of bail or without bail) pending arraignment, his or her arraignment must be scheduled within 24 hours (excluding weekends and holidays).  If the defendant is not detained prior to arraignment, his or her arraignment is usually scheduled soon thereafter.

Waiving the Arraignment – A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by a lawyer and that lawyer files a “waiver of arraignment and entry of not guilty” form with the court prior to the date of arraignment.  If the waiver of arraignment form is timely filed and approved by the judge, the defendant will often not need to appear in court on the date of the arraignment.

Summons – A person who fails to appear in response to a summons may be charged with a misdemeanor.  However, as with misdemeanor and felony charges, a person who receives a summons for a misdemeanor or violation level offense may, through their lawyer, waive formal arraignment in advance.

If you have other questions about bail, felony or misdmeanor arraignments, or representation in a Circuit Court or Superior Court matter, please give us a call.  We have experience with handling all types of matters in New Hampshire courts.

Even though colleges and universities may not be looking at applicants’ criminal records for the purpose of admissions, the federal government still considers certain criminal convictions – notably, drug offenses, including marijuana possession – when determining eligibility for federal financial aid. For more information about how a drug conviction may affect a student’s FAFSA eligibilty, click here. Many students do not realize that even a non-criminal conviction for a small amount of marijuana may make them ineligible for federal aid for a year or more.  Similarly, certain scholarships and school aid packages are awarded upon conditions that include remaining arrest free.

At Samdperil & Welsh, PLLC, we work with students and their families to minimize the impact of an arrest or conviction on a young person’s college and professional career.  Our lawyers counsel clients about the potential impact of their criminal charges, and can often use alternative sentencing and diversion to the benefit of our younger clients. If we can help, give us a call.

Here are 4  important things to know about how “Felonies First” will change how felony cases are handled in New Hampshire courts:

1. Under Felonies First, any person charged with a felony will be scheduled for an arraignment (i.e., an initial court appearance where a plea is entered and bail may be set or changed) in the Superior Court and the case will be prosecuted by the county attorney’s office. This is a major change from the old rules, which permitted felony cases to be filed in the local circuit court by a local police or town prosecutor.
2. It doesn’t matter if a person is also charged with misdemeanor offenses. If a person is facing multiple charges and at least one of the charges is a felony, the entire case, including any misdemeanor charges, will be transferred to the superior court.
3. Under the old rules, a person charged with a felony in circuit court was entitled to a probable cause hearing, which is a preliminary hearing where a prosecutor must show that there is a basis to believe that a felony was committed and that the person charged is responsible.  Under Felonies First, probable cause hearings are not automatic, and the defendant must now show that he or she meets certain statutory criteria before a judge will consider scheduling this type of hearing.
4. In Rockingham County, any felony charge that was filed before October 1, 2017, or was filed after that date but alleges criminal conduct before October 1, will be handled under the old felony procedures. This means that an arraignment and probable cause hearing may still be held in the Circuit Court before the case is indicted and brought to Superior Court.

If you are looking for legal representation or advice about a felony charge, you should speak with a lawyer immediately, and, when possible, prior to the arraignment.  We have been representing people in felony cases in the New Hampshire courts for over two decades.  You can schedule a consultation at any of our office or conference locations by calling (603) 775-7570 or send an email to help@swnhlaw.com.

This change eliminates preliminary “probable cause” hearings as a matter of right, and instead places with a superior court judge the determination of whether such a hearing is necessary.

The Strafford and Cheshire county superior courts were the first courts to implement this significant change in court procedure. Felonies First will expand to Belknap County Superior Court in July of 2016.  The program will then rollout statewide.

Attorney Richard Samdperil, formerly a co-chair of the NH Bar Association Criminal Law Section, represented the section on an attorney working group convened by the Chief Justice of the New Hampshire Superior Court.

What You Need to Know about DWI Breath Tests in NH

If you are arrested for DWI in NH, here is what you need to know:

If you submit to a breath or blood tests, the result may be used against you at a DWI trial.

If you submit and your alcohol concentration level (BAC or BrAC) is over .08, the you will lose your license for at least 6 months (or longer if you have a prior DWI conviction or refusal), regardless of whether you are convicted or even charged with DWI.

If you submit to a breath test be sure to save the capture tube. Under New Hampshire law, you must be provided with a second sample. Sometimes the test is done improperly or the sample is not preserved properly. An independent laboratory test may help your case.

If you refuse to submit to testing, no test can be given. This means that there will not be any test results to use against you in court.

If you refuse the prosecutor may tell the judge or jury of your decision to refuse the test.

This differs from the law in other states, where refusing a breath test may not be used against a defendant at trial.If you refuse the DMV will suspend your license for at least 6 months, and in some cases for 2 years.

If you refuse and are convicted of DWI, the ALS suspension (that’s the loss of license imposed by the DMV for refusing the test) will be in addition to any court-ordered loss of license.

Need an Experienced NH DWI Lawyer?

If you’re reading this, you have probably already been arrested or charged with drunk driving in New Hampshire.

If you need help with a NH DWI, DUI or OUI charge, give us a call. We are experienced NH DWI lawyers. And, in most cases, we are happy to provide a free initial consultation.

But more importantly, we will explain this complicated law to you so that you understand your case.

Just ask around – we have an established and well-deserved reputation as fighting hard for our clients in Portsmouth, Exeter, Dover, Hampton, Manchester and throughout New Hampshire. And we will work hard to get you the best possible outcome too.

Disclaimer: Please note that this blog posting and all other material on this website is for informational purposes only, and should not be construed as legal advice. If you are seeking legal advice, you should hire and consult with your own lawyer.

Click here to see the NH Magazine article. Samdperil & Welsh attorney Richard Samdperil is quoted in the article.

For a good article explaining this, click here.

If you have been arrested and have specific questions about a sexual assault investigation or about the use of DNA in New Hampshire criminal prosecutions, give us a call.

Privacy experts and the courts disagree about the privacy rights we have over our DNA in the context of a police investigation.  See the Boston Globe article.

Later this spring the Supreme Court will decide, in the case Maryland v. King, whether the police can force a suspect to give a DNA sample when he or she has merely been arrested—but not yet convicted—for a crime.

The New Hampshire Attorney General has since warned police against arresting those who videotape arrests, and the New Hampshire Legislature has been considering legislation in this area.

Although it is unclear whether New Hampshire courts, which have recognized a greater privacy interest under Part 1, Article 19 of the New Hampshire Constitution, would follow the California court’s reasoning, it emphasizes the importance of encrypting phones or password protecting them if you wish to protect the privacy of its contents from police intrusions.

UPDATED: Why you should always encrypt your cell phone.

For the tech world’s view on this, click here.

For the California Supreme Court opinion, click here.