Legal Question in DUI Law in New Hampshire
dwi probable cause
If you are waiting for fire apparatus to clear from the road and--name removed--police officer approaches the car to advise how long of--name removed--wait, he detects the smell of alcolol and does--name removed--field sobriety test, then arrests for dwi, blood test was refused. does the smell of alcohol alone constitute probable cause ?
1 Answer from Attorneys
Re: dwi probable cause
The police officer had reason to make contact with the driver. There was a valid purpose for the initial contact. Upon making the contact the officer detected the odor of an alcoholic beverage. This generally allows him to inquire further. Based upon the response and his observations, he believed there to be a concern about impairment. Most likely this will pass the initial "probable cause" inquiry.
I suggest that DUI / OUI are serious offenses. There may be much more to your case than just probable cause. I suggest that meeting with an attorney to review all the facts and circumstances would be a good idea.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
