Legal Question in DUI Law in New Hampshire

dwi

my son is being charged with dwi and I think the charges are very weak but I'm not sure. He was never technically arrested or marandized and his BAC was .06 but he is still being charged. The initial reason for the stop was a tail light out. It was the field breathalyzer that measured .089 and which created the suspicion however everone knows those are very inaccurate. He blew a .06 at the station just a few minutes later. How likely is it that the charges could stick given he was under the legal limit and he was never technically arrested? He never had to be bailed out and the cop even gave him a ride home because he had his car towed. Anyone I've ever know that got charged with dwi was ''arrested'' and had to post bail and find their own ride home. He can't afford a lawyer so I'm not sure if I can gather enough evidence on my own to challenge the charges or if I should foot the bill for an atty.


Asked on 10/08/08, 8:19 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: dwi

Driving under the influence is a serious charge which is now a criminal offense. The BAC is only one component of evidence which may be used in court. The officer's observations and your son's statements and actions are also important. You also did not mention his age. If he is under 21, the BAC level is much lower.

In order to offer anything more substantive, a detailed report from your son would be needed and a careful review of the police reports would be required. Unfortunately, this is the type of a matter which is best handled by an attorney experienced in dealing with this type of offense.

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Answered on 10/08/08, 8:43 am


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