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What Should You Do If You're Pulled Over For DUI?

In New Hampshire, driving while intoxicated is an offense that can attract tough penalties. The state laws prohibit driving under the influence of alcohol, controlled substances or a combination of the two. Intoxication resulting from excessive use of alcohol and drugs can impair judgment. Offenders charged with a DUI face penalties including loss of driver's license for a specified period, serving time in jail or hefty fines.

What to do when you are pulled over

Whether you have indulged in drugs and alcohol or not, you should pull over whenever directed to do so by a uniformed police officer. Be cooperative and polite to the officer - acting belligerently or defensive will not help your case and may earn you additional unnecessary penalties.

Should you take field sobriety tests?

It's important to remember that when the police pull you over on suspicion of DUI, they're looking for evidence to arrest you. In the case of field sobriety tests, you don't have to give it to them. You are allowed to decline to take field sobriety tests and police cannot force you to take them. In fact, there is rarely any benefit in taking field sobriety tests as they are very difficult to pass, even sober. Once you take the tests and fail, however, police then have this information to use against you in court.

Should you take the breath or blood test?

While you are allowed to refuse a breath or blood test, there will be consequences for doing so including loss of your license for a period of time. Prosecutors can also introduce your refusal to take the test as evidence in court. If you are absolutely certain you have no drugs or alcohol in your system, take the blood or breath test. If you're relatively sure you will blow high, however (over .08), refusing the test is an option you may want to consider. There is no right answer and refusing if you have a prior conviction or prior refusal will result in a lengthy loss of license.

Should I tell the officer I've been drinking?

If you've been pulled over for DUI, the officer will likely ask you if you've been drinking. You do not have to incriminate yourself by answering the question. You can simply say I don't want to answer any questions. Remember, the police are fishing for information they can use against you. You don't have to hand them this information on a platter.

The importance of hiring a lawyer

When you are facing possible charges for DUI, it is important to contact and hire a DWI lawyer as soon as possible. This is true regardless of whether this is your first arrest or a subsequent arrest. If your BAC was very high, a child was in the car or if someone was injured as a result of an accident, it is even more important to hire a lawyer.

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Green & Utter, P.A.
764 Chestnut Street
Manchester, NH 03104

Phone: 603-413-4983
Fax: 603-669-9330
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