DUI Lawyer & DWI Attorneys | Nashua, New Hampshire

Nashua New Hampshire DUI Attorney

 

Nashua Office Location:

20 Trafalgar Sq. #453 Nashua, NH 03060

 

Attorney Hynes, the N.H. DWI GUY serves all of Hillsborough county NH and has many trials in Nashua District Court representing clients charged with driving under the influence in New Hampshire. Nashua district court covers Nashua, Hudson, and Hollis police departments and certain State police cases with Troop B. 

Please note, Nashua District Court has recently relocated. It is now located at 30 Spring St, in the Superior Court building.

 

 

Call today to schedule an appointment.

 

NH CIRCUIT COURT
9th Circuit – District Division – Nashua
30 Spring Street, Suite 101
Nashua, NH 03060

 

Hillsborough County Superior Court South
30 Spring Street
Nashua, NH 03060
Phone : (603) 883-6461
Hours: Monday - Friday, 9:00am to 4:00pm*

 

 

 

 

Nashua Police Station

0 Panther Drive
Nashua, New Hampshire 03061
(603) 594-3500

 

What to ask a Nashua DWI lawyer before deciding whether to hire them

What is your background/ experience in DWI defense?

Some lawyers will take any case who comes to them. Some lawyers only do certain practice areas. Attorney Dan Hynes is the only lawyer in New Hampshire who represents clients charged with DWI. His background includes 5+ years doing criminal defense work. As a DWI lawyer, he has handled hundreds of cases and has more than 100 hours of combined DWI specific training including being certified as a field sobriety test instrucor.

Doing Business: (fees, consultation, satisfaction guarantee?)

Almost all cases through the N.H. DWI GUY are handled on what is called a flat fee agreement. That means you will know exactly how much the cost will be up front. If the case resolves quickly, or goes through trial, the cost to you will remain the same. Each case is different, and things like an aggravated DWI or subsequent offense will likely cost more. You can expect to pay around $3000-$5000 for a good dwi lawyer in Nashua.

Our attorneys give a one time free consultation.

Guarantee: No lawyer can guarantee an outcome of a case. If a lawyer promises you something ask them to put it in writing. It is generally unethical to guarantee a specific outcome, since it is impossible to know a specific outcome. While I cannot guarantee I will win your case, I can tell you I will do my best to get you the best possible outcome.

Procedure: How long will my case take?

In most DWI cases in New Hampshire, there are two cases. The criminal case, and the one with the DMV. Some lawyers make the mistake of not having the DMV hearing, which means you will lose your license for the amount of time set by the DMV. While the hearings are difficult to win, if you don't have one, you will lose it. There is much to be gained by having the hearing, including cross examining the police officer who arrested you.

The DMV hearing will be within 21 days from the date you request it, which has to be 30 days from the date of your refusal or test above the legal limit.

The criminal case will vary a lot depending on the court and whether it is a trial or plea. If the case is a plea, in most cases that can be done within a month or so of getting arrested. If the case is a trial at the district court, you can expect a trial in some courts in around a month after arraignment, and other courts 6 or so months out. Nashua district court tends to fall in the middle, and you usually will have a trial around 3-4 months after the date of arrest. 

 

Nashua DWI Defenses that work

New Hampshire DWI Defenses That Work

For the majority of New Hampshire state motorists who are charged with an NH DWI offense, their primary concern is to achieve a not guilty verdict, be able to retain their license, or minimize the license loss that does occur. In order to accomplish these goals, it will be imperative for the accused to retain competent legal counsel to represent their best interests in a New Hampshire court of law.

A professional and experienced NH DWI attorney will thoroughly evaluate each facet of the accused’s particular case to determine which type of effective defense strategy should be employed. A handful of these defense tactics will require the services of expert witnesses, which a defendant may or may not be able to afford. However, here is a brief examination of 6 effective New Hampshire DWI defenses that NH DWI lawyers frequently employ:

  1. 1)The stop the law enforcement official made was invalid.

In order to stop a motor vehicle, law enforcement officials must possess reasonable articulable suspicion. If reasonable suspicion cannot be proven in a court of law, then a lawyer will ask for a motion to suppress all evidence that was obtained through the stop. Without evidence, a DWI conviction cannot be obtained.

  1. 2)The accused was not the operator of the stopped vehicle.

One element that the prosecution must be able to prove beyond the shadow of doubt, in a court of law, is that the accused is the one who was operating the moving vehicle. Frequently, the driver of a motor vehicle has left the automobile before the police arrive on the scene.

  1. 3)The accused’s blood alcohol content was not high enough at the time of the incident to impair their driving abilities.

It is the responsibility of the state of New Hampshire to demonstrate that a motorist’s blood alcohol content was high enough at the time of the incident to impair their ability to operate a motor vehicle. For example, if a motorist was not found in their vehicle, doubt can be raised as to whether the drinking took place before or after he or she left the vehicle. Likewise, perhaps the alcohol was consumed much earlier and had not yet had time to absorb into the bloodstream. This is known as the alcohol defense.

  1. 4)The breathalyzer test was not accurate.

Breathalyzer tests are not as accurate as blood tests. There are several different types of defense a New Hampshire DWI attorney may choose to employ when it comes to breathalyzer tests, including mechanical limitations, police mistakes in administering the test, and defendant limitations.

For example, one primary issue arises with breathalyzer tests in the form of mouth alcohol. Mouth alcohol, which is not a form of alcohol that will impair a motorist, will sometimes be detected rather than alveolar breath. To remedy this situation, the official administering the test must wait approximately 20 minutes, ensuring that the individual taking the test does not place anything in their mouth or regurgitate, and then administer the test. The problem arises in the fact that New Hampshire law enforcement officials rarely wait the required amount of time.

There are a number of individuals who suffer from gastro-esophageal reflux disease and other similar conditions. The regurgitation/burping that result from this condition can produce mouth alcohol, which produces an inaccurate sample in a breathalyzer test.

  1. 5)The blood test is inaccurate.

There are a number of issues that can arise when it comes to the administration and accuracy of blood tests. For example, a law enforcement official might use an expired kit to administer a test. A phlebotomist might omit to add an anti-coagulant (This theory would inhibit fermentation, which is what causes the alcohol to grow in one’s bloodstream.). A blood sample may not be stored at the proper temperature. If the blood sample is caused at temperatures that are too high, then it can cause fermentation to develop. Chain of custody issues can cast doubt on whether the blood sample submitted as evidence in a court of law is actually the defendant’s or not.

  1. 6)The defendant was not actually under the influence of alcohol.

Field sobriety tests are a standard tool that law enforcement officials use to demonstrate whether or not a motorist is impaired. However, these tests are frequently administered improperly. If it can be proven that a field sobriety test was not administered correctly, then it can be prevented from being admitted as evidence in a court of law.

Even if the test was administered correctly, a defendant may possess a number of health issues, which could affect the accuracy of the sobriety test. Examples of such health issues could include eye problems, back issues, weight, age, or balance issues.

Each New Hampshire DWI case is different from the next. A competent New Hampshire DUI lawyer will examine each element of a defendant’s case before deciding which course of action should be taken. It should be noted that, while these defenses are frequently observed in New Hampshire courtrooms, there is no guarantee that they will be applicable to a specific case.

A driving while intoxicated charge is a serious offense. In addition to facing criminal penalties, the defendant could lose their license for an extended period of time. Defendants with habitual offender status face stiffer penalties and consequences for an NH DWI conviction. Likewise, those who are convicted of an aggravated DWI charge will encounter mandatory jail time. The penalties for DWI convictions are different for those under the age of 21 and the operators of commercial vehicles.

New Hampshire DWI cases are intricate and complex. If a New Hampshire resident, or one of their loved ones, is facing such a charge, it will be in their best interest to retain excellent legal counsel as quickly as possible. Please contact the New Hampshire DWI attorneys at our office today. Your initial consultation is free, and we will work closely with our clients to ensure that the sentence they receive is proportionate to their crime and no more.

 

Recent results of the N.H. DWI GUY from 2011 at Nashua District Court include:

December 2011 Charge:  Aggravated Driving while intoxicated

Location: Nashua District Court

Driver charged with DWI. Blood test came back .20 (two and a half times the legal limit). After addressing a possible issue with the blood results, the prosecutor agreed to dismiss the aggravated dwi in exchange for the minimum license loss on a standard dwi.

Result: Aggravated DWI Dismissed/not brought forward, no jail time, no 12 month license loss or 7 day multiple offender DWI program. Client received 90 day license loss & $620 fine.

 

September 2011 Charge:  DWI  Second Offense

Location: Nashua

Client charged with a second offense dwi & for refusing a breath test. Facing 3+ years license loss, mandatory jail time, and an interlock device if convicted of the 2nd offense DWI and 2 year loss of license for refusing the breath test.

Result: Reduced to first offense DWI, No jail or interlock device. Prosecution withdrew license loss for refusing the breath test.

July 2011 Charges: Aggravated DWI & 1st offense DWI

Location: Nashua District Court - State Police

Client charged with Aggravated DWI for blowing .23. Defense counsel got the breath tests independently tests. The tests came back outside the margin of error. After discussing this with the prosecutor, as well as other potential issues with the case, the State agreed to dismiss the Aggravated DWI in exchange for a plea to a 6 month loss of license on a standard DWI. The same license loss client has for testing over .08. The license loss will run at the same time.

Result: No Aggravated dwi conviction which would have included among other things mandatory jail time

June 2011 Charge: DWI

 

Location: Nashua District Court - Nashua Police

 

Client, who is in the military, charged with DWI. A conviction would have given him a criminal record, and likely had serious consequences on his military career.

 

Result: DWI dismissed, plea to reckless conduct. No misdemeanor conviction/criminal record.

May 2011 Charge: DWI

 

Location: Nashua District Court - Hudson Police

 

Client allegedly swerved, crossed yellow line 3 times, fog line once, failed field sobriety tests, thick tounged speech, and gave a breath sample of .16. Attorney Hynes argued the admissibility of the breath sample and it was kept out of evidence.

 

Result: Not guilty of DWI, likely saved client from being deemed a habitual offender.

February 2011 Charge: DWI Drugs & DWI Alcohol

 

Location: Nashua District Court

 

Client involved in a car accident, failed field sobriety tests, and refused to give a blood sample. After peviously winning at the administrative license suspension hearing, the State fully dismissed the charges on the day of trial.

Result: No License loss or DWI conviction!

 

see Results for more details.