NH DUI Lawyer Recommendations?

Submitted by Individual_Moose602 t3_10oj5vg in newhampshire

A family member of mine was arrested for driving under the influence. Both of his parents had died earlier this month and he was driving home after sorting things at their house when someone saw his driving and called the cops. They showed up while he was sitting in front of his house with the car still running. He refused the breathalyzer and they took him in to the station. He works an hour and a half away and desperately needs his job to support his ailing wife. It was his first offense and he has no criminal history.

I was wondering if anyone had any recommendations for good DUI lawyers in NH? General advice would also be very helpful. Thank you!

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[deleted] t1_j6f0wti wrote

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scoobywerx1 t1_j6f4z20 wrote

Correct, but a good lawyer can minimize the damage.

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[deleted] t1_j6f5jjp wrote

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beagletronic61 t1_j6fc9f1 wrote

I’ll +1 for Jefco.

The most favorable course of events is 1) he pleads guilty to what it sounds like he knows that he DID do 2) he signs up immediately for the IDIP program 3) doing so vacates 6 of the 9 month suspension AND the DMV will generally waive the ALS 4) he will pay a fine ($620) and lose his license for 3 months 5) after 45 days he can apply for a limited license to drive to work (after installing an ignition interlock at his expense). An attorney may be able to find an angle to destroy the case on procedure or something like that but this is less than ideal; the average DUI has to drive intoxicated 188 times before getting arrested so I think it’s entirely likely that this wasn’t his first time and if he doesn’t take responsibility here, it also likely won’t be his last…DUI has a better than 90% recidivism rate.

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[deleted] t1_j6fd3xj wrote

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beagletronic61 t1_j6feo8w wrote

It’s packed with denial…he’ll learn alllllllll about denial at the IDIP weekend course. The final draft usually goes something like “I knowingly drank to excess, got behind the wheel because of my contempt for the law, and I have nobody to blame but myself. I accept the consequences of my actions.”

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BigBlueDane t1_j6fyj2f wrote

OPs story translated “I was busted for drunk driving and I want to test the believability of my fake story as to why I refused the breathalyzer”

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Wit_Smart_Heart t1_j6fq5tw wrote

There is —if a defendant pleads guilty to a DWI, the prosecutor can withdraw the ALS suspension.

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Alternative-Cry-4667 t1_j6hej0u wrote

If they charge you a DWI that is different than implied consent Implied consent is 180 days loss of license.

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carpdog112 t1_j6fhfu4 wrote

I believe you can refuse the preliminary breath test (and field sobriety test in general) without penalty (other than winning a free ride down to the station or hospital for official testing).

See- https://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-A-15.htm

"Failure to submit to the test shall not constitute a violation of this chapter"

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beagletronic61 t1_j6fjggn wrote

Good catch.

But the second test is always waiting for you so if you have been drinking, you are just buying yourself 20 more minutes of delusion.

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carpdog112 t1_j6fp4ym wrote

The PBT can NEVER help you. If the officer wants to bring you down to the station for further physical testing they absolutely will. You can blow under 0.08 or even a 0.0 and still be brought in if you fail the officer's "subjective tests".

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beagletronic61 t1_j6fqnyd wrote

The subjective tests WHEN ADMINISTERED PROPERLY are remarkably accurate…a veteran officer can usually get pretty close to your BAC with the visual acuity test (follow the pen with just your eyes, officer notes the frequency with which your twitches as it tracks laterally).

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[deleted] t1_j6gwv5v wrote

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beagletronic61 t1_j6ido61 wrote

The accuracy of the subjective tests is more/less binary; above or below legal limit. The visual acuity test adds nuance to the extent to which the subject is intoxicated in excess of the legal limit. I’m not suggesting “some beat cop” can beat you or any physician at a physical exam. I’m also not suggesting anyone rely on this test alone…when a police officer pulls someone over after 12:30 AM, detects an odor of alcohol and slurred speech, and puts the driver through the visual acuity test (which also requires them to stand in front of the officer and allows them to observe the subjects balance, respiration, as well as their response to the test itself) they’ve got a pretty good justification to make an arrest for suspicion of OUI.

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carpdog112 t1_j6frbnc wrote

The subjective tests can say whatever the officer wants them to say and given that they hold just as much weight as the PBT for hauling you in for further testing is my point. Passing the PBT doesn't win you anything.

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beagletronic61 t1_j6fsdwg wrote

Your point is well taken;

“Yeah, you failed…you have the right to remain silent.”

“How did I fail?

“You’re eye…or something…also the alphabet thing…and now you are talking back to me…OFFICER DOWN!”

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GreatGrandaddyPurp t1_j6iaizy wrote

The only remarkable thing about making someone do circus tricks on the side of the road to see if they're drunk is that it's still a legal standard.

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[deleted] t1_j6fjifb wrote

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carpdog112 t1_j6fleqd wrote

Implied consent and refusal are both covered under RSA 265-A4 and RSA 265-A14. Given that RSA 265-A15 says:

"Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265-A:4. The police officer requesting the test shall advise orally the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265-A:4."

Unless something to the contrary explicitly indicates that refusal of the preliminary breather causes a license suspension I would have to believe that RSA 265-A15 protects against administrative punishments for refusal of the PBT.

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[deleted] t1_j6foyfg wrote

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carpdog112 t1_j6fplgp wrote

By all means, if you can find something specific that states refusal of the PBT can result in a suspension of your license - as opposed to refusal of the desktop breathalyzer, urine, or blood let me know. But as it stands, the RSA makes a clear distinction between the PBT and the physical tests prescribed under implied consent.

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ugly_brick t1_j6irmpc wrote

His parents are dead so it’s okay for him to risk killing someone else’s parents in a DUI accident. Got it 🫡

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MarkVII88 t1_j6gdvti wrote

Simple answer, don't drink and drive. There is no excuse. Sorry his parents are dead. Don't drink and drive. Sorry he has an ailing wife and needs his vehicle to drive an hour and a half to work. Don't drink and drive. Clearly there's too much at stake for your friend to be this stupid. No sympathy here.

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[deleted] t1_j6gu4ee wrote

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KWeyeshy348345 t1_j6iqc89 wrote

He himself could have killed people at the wheel because of that. Do not act like he is being insensitive because that is the truth

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Enough_Device_6023 t1_j6ji3x0 wrote

Yup. What is deserved is he will lose his license and then his job. His ailing wife will get sicker and possibly die as well. And when he has to go clean out their home because he can no longer afford it without a job and a pile of medical debt, then the cycle repeats itself all over again.

Moral of the story. Don't be a self-indulgent douche.

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AdditionalAioli6394 t1_j6hn5ag wrote

Way too many people here are okay with drunk driving. Go look at all the empty bottles on the side of the road. States are too lenient on people who drive drunk.

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Parzival_1775 t1_j6i2l0y wrote

And it's a little disturbing how many people on this sub apparently have the experience to recommend a 'best DUI lawyer'

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Individual_Moose602 OP t1_j6k5qqh wrote

Well, luckily I came here looking for lawyer recommendations and not sympathy.

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DigTreasure t1_j6hk5vx wrote

Mike Bowser. Licensed in NH Mass and Maine. Can't recommend him enough. He gets shit done. Also heard good things about Moses.

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mafiafish t1_j6jc0x4 wrote

Sorry for your friend's loss.

I'm curious as to how getting a lawyer for a DUI works, though.

If you fail the blood-alcohol test, surely it's just cut-and-dry, take the penalty?

Seems bad, people talking about lawyers being "connected" or "knowing" the officers etc to get folks off?

I'm biased as someone who's lost friends to drunk drivers, but it is scary how normal getting off a DUI seems from the replies here?

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Individual_Moose602 OP t1_j6k6ovj wrote

Thank you, this is all new to me as well, but it seems like a lawyer can help for example negotiate for a shorter license suspension term by having the accused attend classes, among other things.

For some folks I think the first DUI can be a big wake-up call that things need to change, and trying to reduce the legal impact can mean that their life situation doesn't further erode, which would just deepen the toxic cycle.

I'm so sorry for your losses, it's truly a terrible thing, and there really is no excuse for someone to take that risk.

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mafiafish t1_j6k85ip wrote

Yeah, reading some of the replies, it does seem that there are specific programs set up as a means of intervention. So I'm hopeful they do some good, even if there seems to be a big culture of casual DUI acceptance in some parts of the state.

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Bill2k t1_j6o1iu9 wrote

Everything with a DUI is mandatory. Your lawyer can not negotiate anything except for how much he charges your friend.

First offense DUI in NH. These are all mandatory. A judge can increase the penalties but can not lessen the penalties. $1000 fine License suspension for 9 months Complete a DUI course

  • If a person refuses the breathalyzer their license gets suspended 30 after day of refusal for 60 days.
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Alternative-Cry-4667 t1_j6heg9m wrote

Moses, best one in the state he is an animal in the quart room. I was caught dead to rights, and he pulled a rabbit out of his hat.

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Wit_Smart_Heart t1_j6f78yo wrote

What area of New Hampshire?

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Individual_Moose602 OP t1_j6fabxz wrote

Belknap County, Lakes Region.

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Wit_Smart_Heart t1_j6fjfkg wrote

Friedman & Bresaw. In the more rural areas of NH, you need someone who is local because they know officers, the courts, and the prosecutors. From what you describe, it is a situation that needs good negotiation. Being local will help that.

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scoobywerx1 t1_j6i9z99 wrote

Sisti. All the Belknap county cops know him and dislike going against him. He's an asshole but he's your asshole.

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Beastlypenguin7 t1_j6ibwuk wrote

I’d second Bresaw. He’s very good and has a working professional relationship with the police in that area. Super important in trying to get a plea deal, which is likely the route you’ll have to go. Pricey, but worth the money. I’m sorry by the loss you and your family are going through. You’re a saint for trying to support their son right now. I’m sure he desperately needs it.

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ReauxChambeaux t1_j6fhjji wrote

Moses in Nashua was the go to when I was younger. Not sure he still practices

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butch_babe t1_j6fmatr wrote

Shoen Legal in Somersworth

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almutch t1_j6g4mci wrote

McCormack law Plymouth nh

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gherberto t1_j6iukf7 wrote

Trafidlo in portsmouth worked wonders for me but charged roughly 15k…. Gotta pay the prosecutor off somehow 😂

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No_Mathematician_978 t1_j6nj50x wrote

Unfortunate for your friend. But, the USA needs to adopt a Scandinavian culture for DUI. One and done for LIFE !!! No appeals, no excuses and not many DUI arrests in those countries.

I understand his predicament but he should of heeded the warnings. If you can't do the time.......

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Bill2k t1_j6ny1rq wrote

Save your money. An attorney isn't going to get the charges dropped and the fines and other repercussions are set at mandatory limits.

Since the person denied a breathalyzer they're license is already going to be suspended in 30 days.

Pay the $1000 fine the day of the trial and sign up for the mandatory DUI course that same day. The sooner you complete the mandatory things the sooner you'll be back on the road. Which at the earliest will most likely be 90 days after the trial.

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daymuub t1_j6oo60r wrote

Definitely Ryan Russman

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EmeraldMoose12 t1_j6n2pm3 wrote

Lawyers are usually a waste of money for DUI cases.

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Hot-Specialist-6824 t1_j6famkh wrote

Kathy Green. Former president of the bar association, she will get someone off if there's a way and get the minimum if there's not, she's very well connected.

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GreatGrandaddyPurp t1_j6i9q45 wrote

General advice? Don't work an hour and a half from your home.

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Enough_Device_6023 t1_j6jhenh wrote

Or plan to stay wherever it is you start drinking. Sounds like OPs family member could have stayed at his parents empty house and slept it off, but chose not to.

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