Legal Question in Criminal Law in New Hampshire

dwi charge or not

I was pulled over and asked to step out of car. They put handcuffs on me and brought me to the station. I was asked if I wanted to take a breathalizer test and I said no. I was arrested for DWI. Is this legal with out a sobriety test being given? Can they charge me for DWI? What are my options?


Asked on 5/03/99, 10:13 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: dwi charge or not

I am usure of the laws in your state. In california

if you refuse to take a sobriety test you can be

taken in since when you receive your license you

sign a consent form to be tested on sight. You

would need to consult a local attorney for laws

in your state.

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Answered on 5/05/99, 3:24 pm
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: dwi charge or not

Your question seems to be one of probable cause; did the police have probable cause to stop you and then arrest you. This area of law, while governed by general prinicples of U.S. Constitional law, is very specific to each state. You will need to consult with a competent DUI defense attorney in your state. Be assured that many if not most DUI cases are winnable. You will have to be willing to commit yourself financially and to go all the way with it. Good Luck.

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Answered on 5/04/99, 7:56 pm


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