Facing a DUI or DWI stop can be a disorienting and frightening experience. In the moment, it's easy to feel overwhelmed and unsure of how to proceed. However, understanding your rights is crucial to navigating this challenging situation effectively. This blog aims to provide clarity, reassurance, and practical information about what to expect and how to protect yourself in a DUI/DWI stop in New Hampshire.
The Initial Stop: What to Know
When a law enforcement officer pulls you over, they must have a reasonable suspicion that a traffic violation has occurred or that you are involved in criminal activity. If an officer suspects you are impaired, they may begin to investigate further. During this initial interaction, remember:
You have the right to remain silent. You are not obligated to answer questions that could incriminate you. While you must provide your license, registration, and proof of insurance, you can politely decline to answer questions about where you've been, what you've had to drink, or whether you feel impaired.
You have the right to refuse field sobriety tests (FSTs). These are voluntary tests, such as the walk-and-turn or one-leg stand, designed to assess your physical coordination. While officers may strongly encourage you to perform them, you can politely decline. Refusal of FSTs does not carry the same penalties as refusing a chemical test.
You have the right to refuse a preliminary breath test (PBT). This is a small, handheld device often used at the roadside. Like FSTs, it is voluntary. The results of a PBT are typically not admissible in court, and declining it does not carry immediate license suspension penalties.
Chemical Tests: Understanding Implied Consent
New Hampshire operates under an "implied consent" law. This means that by driving on New Hampshire roads, you are deemed to have consented to a chemical test (blood, breath, or urine) if arrested on suspicion of DUI/DWI.
Refusal to submit to a chemical test after being lawfully arrested for DUI/DWI will result in an administrative license suspension by the New Hampshire Department of Motor Vehicles (DMV). For a first offense, this suspension is typically 180 days. Subsequent refusals carry longer suspensions.
The officer must inform you of the consequences of refusal. Before administering a chemical test, the officer is required to read you a statement outlining the penalties for refusing.
While refusing a chemical test carries consequences, it is a complex decision with legal ramifications that are best discussed with an attorney.
After the Arrest: Your Rights and Next Steps
If you are arrested for DUI/DWI, the process can be intimidating. However, even after an arrest, your rights remain paramount:
You have the right to speak with an attorney. This is a critical right. As soon as possible after your arrest, you should request to speak with a lawyer. Do not answer further questions or make any statements until you have consulted with legal counsel.
You have the right to reasonable bail. In most DUI/DWI cases, you will be eligible for bail, allowing for your release until your court date.
Every case is unique. A DUI/DWI arrest does not automatically mean a conviction. There are numerous defenses that a skilled attorney can explore, from challenging the legality of the stop to questioning the accuracy of chemical test results or the administration of FSTs.
Seeking Professional Guidance from Hampton DUI and DWI Lawyers
A DUI/DWI charge in New Hampshire carries serious potential penalties, including fines, license suspension, mandatory alcohol education programs, and even jail time. The legal landscape can be intricate and overwhelming, especially when facing such significant consequences.
The experienced legal team at Beaton & Kiers, PLLC understands the complexities of New Hampshire DUI/DWI law. With our attorneys by your side, we are dedicated to protecting your rights and future. We offer compassionate, professional, and reassuring guidance every step of the way.
Contact us at (603) 769-3491 today for a confidential consultation and let us help you understand your options and build a strong defense.