In New Hampshire, a person with a blood alcohol concentration (BAC) of .08 or higher is presumed to be impaired by alcohol. Blood or breath test results will likely be used as evidence of alcohol impairment in court at a DUI trial. But additionally, a BAC of .08 or higher will trigger an administrative license suspension (ALS). ALS hearings take place at the New Hampshire Department of Safety and are separate from court proceedings. New Hampshire DUI lawyers typically represent clients both in court on the DUI charge and at the ALS hearing.
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.