In New Hampshire if you are found guilty/plead guilty to aggravated DWI, or subsequent offense dwi, the interlock is mandatory. It is discretionary in other cases.

http://autos.yahoo.com/blogs/motoramic/why-life-breathalyzer-blows-those-caught-drinking-driving-163809209.html

"About 1.2 million Americans were arrested for driving while under the influence in 2011, and drunk drivers cause roughly a third of the fatal accidents on U.S. roads every year."

"

All states have laws requiring some convicted drunk drivers to use ignition interlock devices, and in 14 states, you have to blow to drive after your first offense — and in some states, can be required even after an arrest that doesn't end in a DUI conviction. Such systems not only keep cars from starting if they sense alcohol, but can keep track of a driver's tests and be customized by authorities for different levels of warnings.

http://news.yahoo.com/diet-regular-choice-alcohol-mixer-affects-intoxication-210556806.html

"

The simple choice of whether or not to mix liquor with a diet or regular soda may affect how intoxicated you get, a new study suggests.

In the study, men and women ages 21 to 33 who drank vodka mixed with diet soda had breath alcohol concentrations that were 18 percent higher after 40 minutes compared with people who drank the same dose of vodka mixed with regular soda.

In fact, after three to four drinks, people who used diet soda as a mixer had a breath alcohol level that exceeded the legal limit for an adult operating a motor vehicle. People who used regular soda in their drink did not.

http://eastprovidence.patch.com/articles/dui-attorney-pleads-not-guilty-to-second-drunk-driving-charge

"

An East Providence lawyer who specializes in DUI cases pleaded not guilty in 6th District Court on Thursday, Jan. 17, to East Providence police charges that she was driving drunk when her vehicle struck another vehicle on Warren Avenue.

It is the second time she has been charged with a DUI in the past year – the first time was in Barrington last March."

"She was charged on Sunday evening, Jan. 13, after her vehicle reportedly crashed into a parked vehicle at 512 Warren Ave. Officers reportedly found her behind the wheel of her SUV crying, confused and with slurred speech."

http://www.huffingtonpost.com/2013/01/22/drunk-driving-permits-ireland_n_2527800.html?utm_hp_ref=world

"

The Kerry County Council in southwest Ireland has passed a controversial measure that could make it legal for some rural drivers to get behind the wheel after knocking back a few stiff drinks.

While only three council members voted "no" on the proposed legislation, five apparently support the creation of special permits for driving in sparsely populated areas while intoxicated, according to the Guardian.

Nationwide, Ireland has been cracking down on drunken driving, according to Irish news outlet Independent.ie, which reports that drivers are now allowed only 50mg of alcohol per 100ml of blood, "equivalent to drinking less than one pint of beer." But permits proposed in the Kerry measure would allow rural residents to consume "two or three drinks," per the Guardian."

It is interesting to note even this proposed law would still be harsher than the law in place in New Hampshire. Throughout the country, the BAC level for adults is usually .08. Many countries in Europe are tough and have a much lower BAC limit such as .02 or .05.

http://www.examiner.com/article/nearly-nude-driver-dwi-arrested-wearing-only-an-unzipped-jacket

"

Reportedly, a nearly nude driver received a DWI charge Friday in New Jersey. The allegedly drunk woman, who only donned an unzipped jacket at the time of the traffic stop, is also suspected in a hit and run accident that same day. Obviously, a nearly nude driver, DWI charges or not, headlines the news.

According to a Jan. 21 report from Daily Record on this strange news story, Catherine Giaquinto, 36, a resident from Warwick, faces a litany of charges stemming from the driving while intoxicated arrest."

"

http://libertycrier.com/front-page/fl-highway-patrol-trooper-in-jail-for-fabricating-arrest-reports/

Florida "Trooper Scott Kunstmann’s dash camera was rolling when he pulled over 71-year-old Robert Culbertson on I-75 back in 2011.

Culbertson was allegedly weaving, so Kunstmann asked a series of questions to determine if a field sobriety test was warranted, and asked another trooper for assistance.

Culbertson admitted to having one beer three hours prior.  In the police report, Kunstmann indicated he smelled alcohol on Culbertson’s breath, but in the dash cam video, the two officers are heard on tape agreeing that they couldn’t smell alcohol.

One of the reocurring themes on my blog related to bad police officers is that we need videos in the police cars to catch when an officer lies, or misremembers things. This is even more important in cases where someone refuses a breath or blood test. If those people did not give a blood test that came back 0, there would be a good chance they would have been found guilty of DWI based solely on the testimony of the officer, if there was not videos.

http://www.nashuatelegraph.com/news/989329-469/driver-charged-with-dwi-in-fatal-jaffrey.html

"A 34-year-old Jaffrey man was killed Saturday night when a pickup truck operated by an allegedly drunk driver slammed into a tree near the Jaffrey-Fitzwilliam town line, the Keene Sentinel is reporting."

Felony DWI that causes serious bodily injury carries significant penalties including mandatory 14 days up to 7 years in prison. Vehicular manslaughter carries up to 30 years in prison and an up to an indefinite license loss.

http://gma.yahoo.com/blogs/abc-blogs/oregon-teen-arrested-posting-drivin-drunk-facebook-status-191551764--abc-news-topstories.html

"Jacob Cox-Brown, 18, of Astoria, Ore., about 100 miles west of Portland, was with friends when, police say, he posted the status update on his Facebook page: "Drivin drunk… classsic ;) but to whoever's vehicle i hit i am sorry. :P""

"At about 1 a.m. New Year's Day, officer Riley received a call reporting a hit-and-run crash in Astoria. When officers Riley and Matt Clausen arrived to the scene, they found a white Scion car had been sideswiped, leaving behind car debris, police said. Clausen collected multiple pieces of plastic from the taillight and bumper cover."

"Astoria PD released a statement saying, "Aydt and Clausen went to Cox-Brown's house and found a vehicle that matched the damage done to the two vehicles at the early morning crash.""

I was recently quoted by NHPR about how I expect false arrests to go up. This just shows that dishonest cops can arrest someone for DUI (and if that person refused a breath or blood test, there is a good chance they would be convicted of DUI since it would be there word against the cop. Unfortunately, most police departments do not have videos from the police vehicle. So, a police officer who wants to, can make up things to get an arrest. It is shameful the officer received an award for Trooper of the year for the high number of DUI arrests. It just goes to show an officer could have an incentive to make up things. (Please note this story is exceptionally rare, and an overwhelming majority of police officers are honest. The problem is, without videos, it is difficult to distinguish the good guys from the bad ones)

http://news.yahoo.com/former-cop-accused-faking-duis-021947523--abc-news-topstories.html

"

A class-action lawsuit has been filed against a former Utah Highway Patrol trooper and her superiors alleging that she filed false DUI charges during her career.

The department fired Lisa Steed in November for alleged misconduct related to her duties.

http://news.yahoo.com/idaho-inmates-sue-beer-wine-companies-1b-190211526--abc-news-topstories.html

"

Five Idaho inmates are blaming alcohol for the crimes that put them in prison and are suing some of the nation's top liquor and wine companies for $1 billion.

Keith Allen Brown, Steven Thompson, Woodrow Grant, Cory Baugh and Jeremy Brown all claim that alcohol led them to their crimes and they should have been warned of the beverages' addictive nature.

"If I was not an alcoholic, the shooting would never have happened," Jeremy Brown said in his affidavit. Brown, 34, is serving a 20- to 30-year sentence for a 2001 shooting that seriously injured a man."

http://abcnews.go.com/US/american-eagle-pilot-suspected-intoxicated-off-flight/story?id=18133679#.UOc0EHdj6So

"An American Eagle pilot who was preparing to fly from Minneapolis to New York City was arrested today after failing a breathalyzer test."

"The pilot was doing a pre-flight check when confronted by officers, Hogan said. A breathalyzer test was administered, although it was unclear whether it took place on board the aircraft."

"In Minnesota, the legal BAC limit for pilots is .04 -- much lower than the limit for drivers of .08."

Under FAA regulations, all pilots must inform the FAA if they are convicted of DWI or lose their license as a result of refusing a breath test. This applies even if the person was not flying at the time (Similar to the CDL rules apply even if you weren't in a commercial vehicle at the time)

http://www.nashuatelegraph.com/news/statenewengland/988752-469/no-fatalities-on-nh-highways-over-new.html

"No fatalities were reported on New Hampshire highways over New Years Eve, according to state police."

"As a result of their enforcement efforts there were a total of 15 DUI arrests made and 10 other criminal arrests ."

It would be interesting to know how many DUI arrests are made on a typical night, or weekend night. Given the new laws that took effect today, you need to act sooner than before to obtain an attorney. Now that arraignments are shortly after your arrest, you have less time to hire a lawyer and get to work on your case before you are scheduled to go to court. Give us a call as soon as possible to discuss your options and defenses.

Have a safe and happy new years. Keep in mind, there are many changes to the DWI laws taking effect January 1, 2013. You can see a summary in my previous posting: http://www.nhdwiguy.com/Blog/Entry/nh-dwi-laws-2013.html

I was recently interviewed by NHPR regarding this law:

http://www.nhpr.org/post/nhs-new-dui-law-covering-prescription-drugs-goes-effect-jan-1

"defense attorneys in the state call the law over-reaching.  Attorney Dan Hynes, who specializes in DUI defense, predicts an increase in false arrests in 2013.

“I think it’s incredibly too broad and people taking prescription medications by a doctor may or may not know the effects of those medications.  I think it’s particularly difficult for police officers to determine whether someone’s under the influence of a certain drug.”"

http://www.nashuatelegraph.com/news/statenewengland/988362-469/nh-police-stop-nearly-4000-vehicles-in.html

"New Hampshire state police say they made nearly 4,000 motor vehicle stops in efforts to curb highway collisions and fatalities during the two weekends before Christmas.

State police say they issued 834 speeding citations and nearly 2,500 warnings during the two weekends, when they bulked up their public presence as part of what's known as C.A.R.E. Life Saver Weekends.

Police also made 58 arrests for driving under the influence of alcohol or drugs and issued 34 citations to drivers with suspended licenses."

http://gma.yahoo.com/blogs/abc-blogs/headache-hangover-cures-myths-110031495--abc-news-health.html

"

While nothing has been shown scientifically to "cure" a hangover, Dr. Richard Besser, ABC News' chief medical editor, offered these tips to help nurse the pain:

• Drink plenty of water. Alcohol is quite dehydrating.

• If you have a headache, take aspirin or ibuprofen the next morning, not acetaminophen (Tylenol). Acetaminophen is processed by your liver that has just taken a hit from your overdrinking.

Stay safe this holiday season. While it is not against the law to drink alcohol and then drive AS LONG AS YOU ARE BELOW LEGAL LIMIT OR YOUR ABILITY TO DRIVE IS NOT IMPAIRED,  if you are going to drink any alcohol your best option is to not drive a vehicle. While the average male may eliminate alcohol at 1 drink per hour, everyone is different. It is not worth the risk to yourself or others to drink and drive. If you have to think about whether you are safe, that should give you enough hesitation to not drive.

If you do get arrested for DWI, give us a call to discuss your possible defenses.

I recently reported that different branches of the military are getting tougher on consuming alcohol. Now, the marines are set to implement a policy of random alcohol tests.

http://news.yahoo.com/us-marines-face-random-blood-alcohol-tests-223711344.html

" Marines and sailors will be subject to random blood-alcohol tests twice a year in what is billed as the toughest anti-drinking policy in the U.S. military.

Starting Jan. 1, any Marine or sailor with a blood-alcohol level of 0.01 percent or higher may be referred for counseling. Anyone who tests at 0.04 percent or higher will be referred to medical personnel to determine fitness for duty."

Remember, while .08 is the per se DWI limit if you are over 21, you still can be convicted of DWI if you are under that limit and alcohol impairs your ability to drive to any degree in New Hampshire.

http://usnews.nbcnews.com/_news/2012/12/11/15826007-military-cracks-down-on-alcohol-abuse-amid-age-old-bingeing-habit?lite

"

Officials within the U.S. military are actively targeting over-boozing troops at home and abroad, but addiction specialists and service members say binge drinking remains as rampant as ever inside the armed services.

Among the new initiatives to stem the problem: The Marines, starting next year, will give random breathalyzer tests to Corps members; the Air Force and Army curbed some overnight liquor sales for U.S. military personnel in Germany; and American service members in Japan were barred from leaving their residences after consuming more than one adult beverage."

"

While most lawyers will probably be able to help you better than if you were to represent yourself, all lawyers are not the same. If a lawyer handles many dwi cases, that lawyer can probably best help you. I have more dwi trials in a year than most New Hampshire lawyers do in their career. In a recent example, I was able to get a much better plea offer than the client got from his first lawyer.

Client was charged with second offense dwi and gave a breath test of .16. Because his first dwi was within two years, if he was found guilty, it would be a minimum 30 days in jail, plus the 7 day alcohol program. His first offer got him a plea offer to those "minimums". Client was not able to do 30 days in jail as it would cost him his job. He hired me for a better outcome.

At the pretrial the prosecutor first made the same offer. After figuring out the main goals of what the prosecutor wanted, I was able to propose a plea to dismiss the second offense for a plea to aggravated DWI. It had the minimum 3 days in jail imposed, with some suspended time hanging over his head. Additionally, we were able to get the client sentenced in accordance with the upcoming 2013 laws so that he did not have to to the 7 day inpatient program (he will instead do the IDCMP).

I have had many cases with this prosecutor, and he knows I am willing to go to trial. He also congratulated me on a not guilty verdict I got in a DWI case the week prior.

Different lawyers will not always be able to get different plea offers. However, if pleas fall through and the case is going to go to trial, your best defense is likely with a lawyer who handles, and wins, numerous DWI cases. I have helped hundreds of clients who have been charged with DWI and I am willing to fight to protect their rights and obtain the best result possible.

The New Hampshire legislature has made major changes to the DWI laws effective January 1, 2013. I will go into them in detail, but some of the major changes are: DWI Drugs is now any substance/drug, not just a controlled substance; Complete revision to the alcohol programs (No more MOP); Quicker arraignments; Increased penalties for Aggravated DWI & Subsequent offense; The DMV can now require an interlock device for ANY dui. In my opinion, none of these changes help most people arrested for DWI. With increased penalties, there is even more at stake if you are convicted of DWI. New Hampshire already had some of the harshest laws and penalties in the Country, they are now even more harsh. You need to consult an experienced New Hampshire DUI Attorney as soon as possible.

1: DWI Drugs can be based upon any substance (and in my opinion everyone who drives on the road is always committing the crime of DWI due to this absurd statute)

Before January 1, 2013, to be convicted of driving under the influence of drugs, the prosecutor had to prove a "controlled substance". Many drugs are not a controlled substance and this was one of my favorite defenses. I guess the legislature got upset with too many people being found not guilty, so the statute now provides it is against the law to drive:

"under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive".

The New Hampshire Supreme Court has already defined under the influence as impairment to any degree. The least amount of proof possible (which happens to make NH have the most strict DWI law in the country). So, if your ability to drive is impaired even less than 1% you can be found guilty of DWI.

But, look how broad "prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic" is. This includes pretty much every substance/matter, as everything in this world has chemicals/molecules in it. So, the prosecutor could get a conviction for tylenol, every prescription medication, nicotine, water, caffeine etc. I am not a chemist or physiologist, but it seems to me if someone is just a little sleepy, hungry, depressed, anxious, happy, or pretty much anything, there are probably some chemical reactions going on in that person's brain, and substances such as serotonin are probably being affected. The way I read this absurd overbroad statute, is that if you are not driving at 100% (Which is impossible) there is likely something that affected your ability to drive even in the slightest degree. Accordingly, I posit that everyone is always committing the crime of DWI in the State of New Hampshire.