7 Top Legal Defenses After a New Hampshire DUI Arrest

Imagine settling in for the night and suddenly getting a phone call from a family member about an emergency. Maybe you’ve had a few drinks to relax after a hard day at work, but you need to move quickly to support your family and loved ones. You know driving while intoxicated isn’t the best move, but you don’t have many other good options if you only have a limited time to decide. Even while trying to drive carefully on your way to the hospital, a police officer pulls you over because they noticed you swerving. What can you do?

Getting pulled into complex situations with the law is difficult, especially when you need to consider the well-being of your loved ones. But if you’ve been charged with a DUI in New Hampshire, Hayes Law, PLLC may be able to help. We have several helpful insights and resources that will likely be useful during the legal process, allowing you to protect your rights and reduce potential consequences. Our clients trust us to work hard for great results, and we have a track record of bringing success to them.

What Are Strong Legal Defenses for a New Hampshire DUI?

If you have been charged with a DUI, there are many strong legal defenses you may be able to utilize during the legal proceedings. Any of these might help bolster your case and reduce your potential consequences, especially if you have an experienced and qualified criminal defense attorney working on your case. Please consider the following legal defenses for a DUI:

1. Breathalyzers and DUI breath tests are often inaccurate

If one of the arresting officers used a breathalyzer test while you were driving, you might be able to argue that these DUI breath tests are inaccurate. The breathalyzer test may have dramatically inflated your BAC results, reporting you as driving over the legal limit.

2. Your Miranda Rights were not read

Whenever someone is arrested, police officers are required to read you the Miranda Rights. Knowing you have the right to remain silent and contact a lawyer is essential to the fairness of the American legal system.

3. Police misconduct

In some cases, police officers may commit misconduct during your arrest. If you are treated poorly by officers during your arrest, this may mean regulations were not followed appropriately when you were pulled over.

4. You were not the person driving

You may be able to argue there is no substantial evidence that you were the individual driving. This may be especially plausible if other individuals were in the vehicle or police found you parked on the side of the road.

5. Mentally alert

Some have successfully argued that they were mentally alert enough to drive, which may be evidenced during the police officer’s DUI test.

6. Falsely inflated BAC results

Some medications and medical conditions may falsely raise BAC and breathalyzer test results. For example, those with diabetes can have over-inflated blood alcohol content levels when they are tested.

7. Officer testimony is incorrect

In some circumstances, a police officer may misunderstand certain bodily signs and assume someone is driving under the influence when they are not. You may be able to argue that the police officer’s observations were incorrect.

When someone has been charged with a DUI, your attorney may be able to assist you in building a strong case in your favor, including many other robust legal defenses.

DUI in New Hampshire? Fight for Your Rights With Hayes Law, PLLC’s Criminal Defense Lawyer

After getting charged with a DUI, you may need to figure out what steps to take next. You may benefit from reaching out to Hayes Law, PLLC’s criminal defense attorney for help. Attorney Hayes has extensive experience in criminal defense law, including working on cases for DUIs and other drug-related charges. 

We are dedicated to supporting our clients through every step of the legal process, so you can trust us to handle your case and fight for you. To get in touch with us, please don’t hesitate to call (603) 821-9438 or complete our contact form. Our team is patiently waiting to hear from you, and we look forward to fighting for you.


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