Legal Question in DUI Law in New Hampshire

I was arrested in my driveway, at home, for a dui? Can they do this when I am on my property?? I parked, opened a small bottle of wine and was drinking it as I listened to the radio, ignition had been off for probably a minute and then a cop pulled in. he gave me a breath test which registered .08, I was parked in my driveway, this seems weird to me, and i am sure fresh drank wine registers higher then what is actually in your system, I only had 1 beer, and then the little bottle of wine while i sat there. Please assist me with this dillemma, Thanks, Joe


Asked on 8/24/09, 10:34 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

The answer is not whether he could arrest you or not. Clearly, he did! The question to be asked is what was his "probable cause" for the stop and inquiry?" A careful examination of what led him to your house must be conducted. As to the breath test, there are many issues to be examined. The amount you had to drink after you ceased operation (not control) of the vehicle is an item to be explored further. Many people, due to medical conditions, obtain a less than accurate reading from the breath machine. Sometimes the breath machines are not properly calibrated or certified. There are any number of items which must be considered in determining a defense to the charge.

I urge that you meet with an attorney promptly as time is critical to preserving your rights and seeking a just resolution to this arrest.

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Answered on 8/29/09, 1:04 pm


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