There are a number of mistakes people make in cases where a driving while intoxicated charge is involved. Those mistakes can fall into three categories:
One of the first mistakes people make when pulled over for a traffic stop is telling the officer things that support the officer believing they are operating under the influence. You have a right to remain silent and not incriminate yourself! However, the police do not have to tell you this right until you are arrested/ in custody and they start to interrogate you.
If the Police ask you if you had anything to drink, it will not help you by answering yes. You can either ignore their question or politely refuse to answer.
After the police think you have been drinking, they will probably politely ask you if you would mind stepping out of the car to perform a few tests. These field sobriety tests are optional! Again, it is probably best if you do not do them. Even if you think you will pass every test, the Officer will be the one deciding if you pass or fail. Some of the tests are very subjective, and often the police will not even administer the tests correctly.
If you have any questions about whether you should give information or do any tests, it may be best to get the advice of a lawyer, if possible. For a free consultation, you may call Attorney Hynes at (603) 674 - 5183. Don't let the last mistake you make be not hiring a DWI lawyer who can help you keep your license and remain not guilty!
While most police are generally honest, that does not mean they are infallible. Their training has taught them to look for signs of driving while intoxicated, and if they notice anything that they think is a sign, they will likely make note of it and use to to try and prove you are guilty of DUI. A good DWI lawyer will be able to question the police on what they observed, and be able to submit evidence on your behalf to show anything the officer saw is not a sign that you operated a motor vehicle with your ability impaired due to alcohol or drugs.
Field Sobriety Tests are often the most harmful evidence the police think they have in a certain case. However, these tests are complicated, and there are strict guidelines the officer must follow to properly administer the tests. Many times, the officer will not do the test per the book. A good DUI lawyer will easily notice these problems and impeach the officer by showing the client did not commit DWI.
Lawyers can also make mistakes in DWI cases. The first mistake is likely to not contest the Administrative license suspension hearing (ALS) hearing. If you do not request a hearing within 30 days after being notified you refused a breath.blood test, or provided a sample over .08, you will lose your license automatically for either 6 months or 2 years.
Another common lawyer mistake is to advise the Client that he was able to get a plea for the minimum loss of license. The real minimum is 0 months and being found not guilty. While it may be best in your case to accept a plea, in many cases it is worth going to trial. Especially if a plea will make you a habitual offender, where you are subject to license loss for an additional 1 - 5 years.
Hiring a lawyer who focuses on DWI cases can make a difference. Attorney Hynes is devoted to drunk driving defense, and has the experience necessary to help you minimize a license loss.
"I was charged with Aggravated DWI for driving without a license, getting in a car accident, and giving a breath sample of .20. Attorney Hynes explained to me that if I was convicted there would be mandatory jail time, with up to a year in jail. Thankfully, Attorney Hynes was able to point out potential problems with the breath test, and the prosecutor dismissed the aggravated DWI charge, and I was able to stay out of jail."
Danielle T. - Nashua, NH
"I was charged with Conduct after an accident for leaving the scene of an accident. I already had a couple of major moving violations, and one more would make me a habitual offender and make me lose my license for at least a year. I was also facing jail time if convicted. Attorney Hynes took the case to trial and I was found not guilty!"
"I was charged with DUI and refused a breath test. I was facing a mandatory six month loss of license just for refusing the test. Other people told me it was an automatic loss and there was nothing that could be done about it. I called Attorney Hynes and he recommended contesting the issue at a hearing at the DMV. He did that, and at the hearing I won and didn't lose my license for refusing the breath test.
John H. - Concord, NH
"I was charged with a Felony case of Habitual Offender. I was facing a mandatory minimum of one year in prison if convicted. Attorney Hynes was able to convince the prosecutor the charge should only be a misdemeanor, and now I will not have to go to prison.
Steven H. - Manchester, NH
"I was charged with Driving under the influence of drugs (DUI / DWI). I was facing a license loss of between 9 months and 2 years. Attorney Hynes' knowledge of the law was able to get the charge completely dismissed and I was found Not Guilty. I did not lose my license!
Kimberly C. – Manchester, NH
"I am 19 and was charged with possessing alcohol in a motor vehicle. If convicted I faced a mandatory loss of license. I was also on probation with the DMV and any traffic offense would have violated that and I would have had more of a license loss. Attorney Hynes was able to get the charged reduced to simple possession so I didn't lose my license at all.
Marisa D. - Bedford, NH