Just about everyone understands that the consequences of a DUI conviction are harsher than ever. In New Hampshire, those convicted can face expensive fines, loss of driving privileges or perhaps even incarceration.
Of course, your goal is probably to minimize the severity of your situation and even avoid a conviction, if possible. Challenging one or more elements of the traffic stop or your arrest may help you accomplish this goal.
No reasonable suspicion
Police officers have no right to pull a vehicle over without a reasonable suspicion that something unlawful is happening. In the drunk driving context, swerving between lanes or driving in the wrong direction could establish reasonable suspicion.
If you believe you were driving legally, you could challenge the stop on grounds that there was nothing indicating reasonable suspicion.
Improper sobriety tests
The field tests police officers use to identify intoxication must be administered in a certain established way. For example, when the officer shines a penlight in your eyes, they are performing a horizontal gaze nystagmus (HGN) test. To perform this test properly, police officers must follow a strict set of instructions.
Study the HGN and other field test instructions to see if you can remember if the officers administered these tests correctly during your traffic stop. Again, though, you will need to show that the police made mistakes during your encounter.
When you know your rights, proper police procedures and local laws, you have a good chance of creating a successful DUI or DWI defense. A good way to start is to find someone that can help you understand New Hampshire drunk driving laws.
