The DWI Process:
The first thing I will examine is whether or not the police had a right to stop you. There are several situations where the police do not have the right to stop you. I will first file a motion to suppress based on an illegal stop, a hearing will follow and if successful will completely exclude all evidence obtained after the illegal stop and will result in the dismissal of your DWI charges.
· Field Sobriety Tests:
There are several field sobriety tests that the officer will have you perform and likely will fail. This is because all field sobriety tests are designed for you to fail. I have successfully broken down the officer’s testimony at trial and have allowed the judge to see how flawed these tests really are.
· The Breath Test:
You will next be asked to submit to a breath test. If you refuse you will face a lengthy license suspension that you will likely need to serve regardless of the results of your trial. If you have submitted to the breath test you will be arrested for an DWI if your BAC is .o8 or higher. Many people feel this means their guilty and why fight?
I have read the same manuals that these officers are trained with and thus I am knowledgeable of the several key steps required by the police officer prior to the taking of your breath test. If any of these steps are not done the court will throw out your breath test results and could even lead to an outright dismissal of your DWI. Furthermore, the breathalyzer is not an exact science and has a margin of error. Thus, if your BAC is just over the legal limit you need to fight til the end, and we can help.
Furthermore in New Hampshire the Officer will give you the actual breath tested. I will have it tested by the lab of my choice, these results have led to dismissals or can have your charges broken down to a reckless driving.
· The Trial:
The last step in your DWI case is the trial. I advise you to fight your case to the end. A trial allows you to thoroughly question the arresting office as well as any other witnesses to your DWI. It also allows you to call your own witnesses. You can even call friends and family that were with you prior to your arrest and can testify that you were not intoxicated. This is your last chance to prove your innocence.
Of course you can always take a plea bargain and there are some cases where a plea is the appropriate step. However, you need an experienced DWI attorney to evaluate your case and advise you as to the proper step to take.
If you are found guilty at your DWI trial or you take a Plea you will likely face any or all of the following penalties:
· Loss of License
· Jail Time