Hampton DUI and DWI Lawyers

When you or someone you love is tested with a blood-alcohol content (BAC) level of 0.08% or higher, the consequence can be DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges. The two acronyms mean the same thing, and in both cases, it's very serious. A conviction means steep fines, will likely lead to skyrocketing auto insurance rates (or the loss of coverage altogether), and could mean jail time. Our defense lawyers have over 50 years of combined trial experience helping clients fight charges like these. 

Call our Hampton office today at (603) 769-3491 or contact us online for a free consultation. We can meet in person or virtually, whichever you prefer.

Defending Against DUI Charges in Hampton and Rockingham County

It’s all too easy for defendants in these cases to simply plead out. Before doing that, you are advised to call our office. There are more viable options for defense than many people realize, and we can explore the circumstances of your case to see if any of the following might work for you:

When you reach out to us after an arrest in Rockingham County or in the Hampton area, we take the time to walk you through what to expect at every stage of the process, from your arraignment in a New Hampshire district court to any potential license suspension hearings. We will discuss the specific facts of your stop, explain possible consequences for a first offense versus a subsequent charge, and help you think through whether it makes sense to challenge the case, negotiate a plea, or explore alternative options that may be available in the local court system.

Challenging the Stop

Under New Hampshire law, law enforcement officers must have reasonable suspicion to justify stopping a vehicle. Reasonable suspicion means the officer must observe specific, articulable facts that suggest a motorist may be engaging in illegal activity, such as erratic driving, speeding, or failing to obey traffic signs. Without this critical legal foundation, any evidence obtained during the stop, including observations of impairment or test results, may be deemed inadmissible in court.

 Beaton & Kiers, PLLC will carefully review the officer’s justification for initiating the traffic stop. If the officer pulled a driver over based on a vague “hunch” or other insufficient grounds, we work to challenge the legitimacy of the stop. Video evidence, such as dashboard camera footage, is often essential in these cases. We review the footage to determine whether the driver’s actions actually warranted the stop. If the stop was conducted improperly, the case against our client may be significantly weakened or even dismissed entirely.

We also examine whether the officer complied with New Hampshire and federal constitutional standards during every stage of the encounter, including how long you were detained on the roadside and what questions you were asked before any formal arrest. If you were stopped after leaving a restaurant or bar in Hampton or pulled over near a major route like I‑95 or Route 101, we will look at traffic conditions, lighting, and other circumstances that might explain your driving behavior. By gathering witness statements, reviewing reports, and comparing them with any available video, we work to identify inconsistencies that can strengthen your defense.

Challenging the Blood Test

Blood tests are often considered one of the most reliable methods of measuring BAC. However, they are not infallible. Procedural errors, contamination, and the mishandling of samples can all compromise the validity of blood test results. We have in-depth knowledge of the strict protocols in place for administering and analyzing blood tests in New Hampshire. Our team closely examines whether these procedures were properly followed in each case.

One common issue involves the chain of custody for blood samples. Every step, from the collection of the sample to its storage and analysis, must be carefully documented and handled according to established guidelines. If any lapses occur—for instance, if the sample was not stored at the correct temperature or passed through multiple individuals without proper documentation—we can challenge the test’s reliability.

In addition, we may consult with medical professionals or toxicology resources when appropriate to better understand how a person’s health conditions, medications, or timing of alcohol consumption could affect a blood test result. For example, we might evaluate whether the blood draw at a local hospital followed required procedures, or whether delays between the stop and the test could have led to an artificially high reading. By carefully comparing the reported BAC level with your account of what happened and other evidence in the file, we can look for ways to cast doubt on the prosecution’s interpretation of the test.

Challenging the Breath Test

Breath tests are often used in DUI cases due to their convenience and quick results. However, breathalyzers are not always accurate, and their readings can be influenced by a variety of factors. 

Breath testing devices must be regularly calibrated and maintained to ensure their accuracy. If the device used during a traffic stop was not properly serviced or documented, it may produce an incorrect BAC reading. Our diligent team will examine the device's maintenance records to identify potential errors or lapses. Even a small oversight, such as an expired certification, can render the test results unreliable.

Additionally, external factors can significantly impact breath test accuracy. Residual alcohol in the mouth, certain medical conditions like acid reflux, and even mouthwash can all lead to inflated BAC readings. 

We will also discuss with you the circumstances surrounding the breath test, including how long you were observed before blowing into the device and whether you followed all instructions given by the officer. In cases arising out of stops handled by police departments in Rockingham County, we review department procedures to see if officers received proper training and followed state regulations for administering the test. If there is any indication that protocol was not followed, we can use that information to argue that the breath test should carry less weight or be excluded from the case altogether.