Drunk Driving / DUI

The Desfosses Law Firm provides skilled, experienced, and aggressive drunk driving defense to individuals charged in either New Hampshire or Maine. If you are concerned about heavy fines, jail time, or losing your license, contact Phil Desfosses, our experienced criminal lawyer, as soon as possible. We understand a DWI or OUI conviction can seriously impact you and your families’ lives. Attorney Desfosses will make every effort to minimize the charges and the impact on you, your family and your future.

Do you need to speak with someone about a DWI in New Hampshire or an OUI in Maine? Do you want a lawyer who will fight for your future? Contact the Desfosses Law Firm today to arrange for your free consultation.

THE BIG QUESTION (Do I need a lawyer)

If you have been charged with drunk driving (DUI or OUI) one of the most important questions you have to ask is - do I need a lawyer and how will Attorney Desfosses be able to help me?

Some people feel that you can’t fight a drunk driving (DUI/OUI) case, that it is hopeless. Nothing could be further from the truth. Attorney Desfosses has handled hundreds of drunk driving cases. In the vast majority of these cases our clients have either not been convicted of drunk driving (DUI or OUI), or received much smaller license suspensions and/or jail time. No, we don’t win every case. Any lawyer that will tell you they do is probably lying to you. But we can significantly help in most cases.

The most important decision you can make after you have been charged with drunk driving (DUI or OUI) is getting the right lawyer to defend you. Most drunk driving (DUI or OUI) cases are resolved by plea bargains. The lawyer who has built a reputation for excellent trial skills, and quality personal relationships with police officers and prosecutors will consistently get the best deal for his clients. Phil Desfosses is that lawyer!

Maintaining Your Driver's License

Most people charged with drunk driving (DUI) (OUI) are primarily concerned with keeping their driver's license. New Hampshire and Maine both have few options for public transportation. The loss of your driving privileges could mean the loss of your job if you are unable to drive. We work hard to reinstate driving privileges in DUI and OUI cases. Our firm gives clients honest assessments regarding possible outcomes in their situations. Clients appreciate our honest approach and feel it allows them to make informed decisions. We strive to understand what is most important to each individual and what is reasonable in their particular legal situation.

Analyzing the EVIDENCE in a DWI / OUI Case

Desfosses Law Firm provides experienced and aggressive defense against charges that threaten to disrupt your life. We vigorously pursue all avenues of defense in an effort to fully understand what happened and to find inconsistencies. We analyze all of the evidence such as the initial stop, police statements, and the results of breath tests and blood alcohol tests. We are trained to spot any meaningful inconsistency. We work hard to protect all of your constitutional rights. We fight for a successful result in your DWI or OUI case.

BREATH TEST REFUSALS

Every citizen facing a drunk driving charge in Maine or New Hampshire has the right to refuse to take a breath test. If you have already been charged with OUI/DWI, you have already made a very important choice. Was refusing the breath test the right thing to do? The answer, well it depends . . .

Both New Hampshire and Maine have implied consent laws on the books. These laws impose harsh penalties, additional license loss, (plus jail time, in Maine) on a driver who does not take the test. Why? Because refusing the test deprives the State of their best evidence in a drunk driving case. If you have refused to blow, you have given a skilled defense lawyer a huge advantage at trial. In addition, if you have refused the breath test the State cannot charge you with Aggravated DWI (over .16%) N.H. or over (.15 %), special sentencing enhancement, in Maine.

WHAT IS RIGHT FOR YOU AND YOUR FAMILY?

New Hampshire and Maine

Attorney Phil Desfosses will use his years of experience to evaluate the individual circumstances of your case. Your personal situation carries a huge weight in deciding how to handle your case. Some clients need to drive to work as soon as possible. Others can’t have a drunk driving (DUI) (OUI) conviction on their record.

• Is it most important to get back driving as soon as possible?
• How strong is the case against you?
• Did you do well on the “Roadside Olympics” or Field Sobriety Tests?
  • Did the arresting officer conduct the Field Sobriety Tests properly (many times, if not most, the tests are not administered correctly). If the NHTSA (National Highway Traffic Safety Administration ) standards have not been followed, the tests may be excluded from trial!
• What was the articulable suspicion for the Police Officer stopping your car?
• Did you know the constitutional protections against illegal stops and searches and arrests do not apply equally at Motor Vehicle hearings?
• Should we try to plea bargain away the refusal suspension?
• Is a clean driving and criminal record your highest priority?
• Will you lose your job, livelihood or even be deported if you have a DWI or OUI conviction?
• In addition, in Maine, your refusal to blow may have a significant effect on your ability to get a work, or Cinderella, license.
  • Further, in Maine there is an important choice to be made as to whether to elect to have a jury trial (case heard in Superior Court), or to stay with a judge trial. Fortunately we will have the discovery (police reports) before we have to make that election. We will sit down together and go over the case, in its entirety. Attorney Desfosses’ advice usually produces excellent results for his clients.

No two cases are identical. The possible considerations are too numerous to list here. Skill and experienced legal representation are the keys to getting the best result possible for you.

ROAD BLOCKS

Some drunk driving cases begin with a roadblock, or so called Sobriety check points. If you have been ensnared by a roadblock, your case needs a lawyer who is experienced with all of the roadblock issues. Sobriety checkpoints have very specific constitutional and legal requirements. If the police have not complied with all legal requirements, your case could get thrown out.

Even if the roadblock passes constitutional muster, checkpoint cases may present distinct advantages for the defendant at trial. First and foremost, the police have probably not seen any bad driving - weaving etc. Keep in mind the legal standard requires the State to prove beyond a reasonable doubt that you ability to drive is impaired.

This advantage for the driver (no bad driving) can sometimes tip the balance toward a reckless operation, negligent driving or a straight not guilty.

CONCLUSION

If you are charged with a drunk driving offense, you already know it is not a good thing. You are facing significant, even life changing, consequences. Most drunk driving cases are resolved by plea bargains. Skilled, experienced, tough legal representation is the most significant reason drivers get treated fairly in an impaired driving case. Don't go it alone, or the system will eat you alive. Contact Phil Desfosses, a high quality drunk driving lawyer, for straight answers to these difficult questions. Don't just give up and go down the drain . . . FIGHT BACK!!

If you or someone you care about has been arrested for DWI or OUI, contact our firm at 603-436-8242 today to learn how we can help.