Legal Question in DUI Law in New Hampshire

dui

my son got pulled over. for dui. they took him down the station, and in the morning he was let free, he blew a .14 and got a legal paper in the mail, and his license is suspended for 6 months and he has a court hearing on sept 12. one cop told him to plead not guilty . we dont know why he said that. my son has always been brought up to tell the truth and why would he say that to him. we dont know if he needs a lawyer or not, for this hearing thank you what should he plead???


Asked on 9/02/07, 5:25 pm

3 Answers from Attorneys

Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: dui

I agree with what my others colleagues have advised you. The consequences of taking a plea on a DUI charge are serious and have various ramifications. Please contact me or another attorney before your son's next court date. Most criminal defense lawyers, including myself, do not charge for the initial consultation. Good luck.

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Answered on 9/04/07, 12:09 pm
Bruce L. Dorner Dorner Law Office

Re: dui

DUI in New Hampshire is a serious criminal offense. In addition to the loss of license already imposed, if your son is convicted, he will have an additional loss of license (which is reciprocal with Florida),he will pay a fine in the range of $500, will be required to attend an alcohol education program at his own expense prior to restoration of his driving privileges, and will be required to post proof in financial responsiblity (insurance on his driver's license) in order to drive in the future.

I suggest that contacting an attorney in the area where he was arrested would be a good idea to review all the facts and circumstances.

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Answered on 9/03/07, 9:39 am

Re: dui

That police officer gave your son the CORRECT advice. A person is presumed innocent until all evidence is produced and guilt is established beyond a reasonable doubt.

A conviction for DUI carries jail time, probation, very hefty fines, and 7 or more years of high risk insurance rates. Moreover, a person who has been convicted of DUI is more likely to be stopped by police since it is common practice to "run" a license plate and see if that vehicle is registered and if the OWNER has a criminal record... upon seeing that your son has a DUI conviction, a police officer will look for a reason to stop his vehicle; even if he never drinks and drives again, he will receive alot more traffic tickets that most people would not even be stopped for.

Should your son ignore the good advice he was given and plead guilty, he will be giving up his right to be presumed innocent; his right to remain silent; his right to see, examine and cross-examine the evidence against him; along with a myriad of other rights. Moreover, parents wit a DUI conviction in their past are less likely to have custody or unsupervised vistation with their children in the event of a divorce.

A BREATH test of 0.14 does NOT mean that your son was necessarily over the 0.08 BLOOD alcohol limit. The breath test is a very ROUGH estimate of blood alcohol level and will register incorrectly if you have food in your mouth (say a piece of a pretzel caught between your teeth). The test is similarly thrown off by temperature, volume of air, the calibration technique used by the police officer, the amount of time between the stop and the test and about a dozen biological factors to include race, height, weight, gender, body temperature (which varies due to time of day and sleep cycle), ethnic background, physical fitness (both muscle mass to fat ratio as well as cardio-vascular depth), etc. The manufacturer's of the breath testing equipment admit that between one quarter and one third of the american population could have an artificially inflated score.

Your son should speak to an attorney before making a decision that will impact him for the rest of his life.

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Answered on 9/02/07, 5:54 pm


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