Legal Question in DUI Law in New Hampshire
Second Offense DUI
I have a question concerning second offense DUI in NH. My brother went off the road into a ditch because (as he said) he was reaching for a cigarette. He went into a ditch, and messed up his car. A police officer stopped to see how things were, and asked him if he had anything to drink. He said that he had 3-4 beers. The officer then asked him to walk the white line, so my brother did. He thin used the light to have him follow it. The officer didn't like what he saw, so he asked my brother to blow a test, and he refused. At that point, the officer placed him under arrest for DUI.
My question is, this being his second arrest for DUI, last one about 1.5 years ago.. (just got his licence back) What is he looking at? He also told me that not to long before that, he got into a fight with his friend, so he was still shaken up some. I told him that I would HIGHLY advise him to get a lawer, and that if he walked into a courtroom without one for a potential second offence, he was crazy. He can't afford one he said, so I said look into a public defender... what are his chances of getting the minimum, or getting out of a basically unproven DUI charge? Any thoughts appreciated.
1 Answer from Attorneys
Re: Second Offense DUI
You have given your brother good advice. He's looking at a likely multi-year loss of license, some jail time, an in-confinement alcohol education program, a criminal record, and significant fines. If he was injured in the accident there may be additional penalties. In addition to everything else, refusal to take the breath or other test as requested by the officer is an automatic loss of license for an additional period of time. I would need far more detail in order to formulate a better response. The details you provided are rather limited.
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