portsmouth blood alcohol content lawyer
rockingham county bac limit attorney
New Hampshire law prohibits operating a motor vehicle if you have a .08% or higher blood alcohol content. This is independent from whether you are impaired or intoxicated. With .08 blood alcohol content you are considered "per se" in violation of the law. You are over the legal limit.
how is the level determined?
If the police officer suspects you are driving under the influence, he or she will ask you to blow air into a machine called a Breathalyzer, or an Intoxilyzer (different brands). This measures the alcohol in the air in your lungs, and an extrapolation is made to the percent of alcohol in your blood. This extrapolation in itself is suspect.
Don't plead guilty just because the machine "measured" your BAC at .08 or higher. There are countless ways to challenge this as evidence. Its reliability is dependent on the calibration of the machine, the training of the officer and many other "ifs." If this is the only evidence that your BAC was .08 or above, having it thrown out by the judge may ruin any case against you that the prosecutor has. BAC can also be measured by a blood test taken at the police station. This evidence can also be effectively challenged. A police officer must have reasonable suspicion to stop you in the first place. The Constitution requires reasonable cause for an actual "search" of your car, your person, etc. If your rights were violated at any stage, we should be able to have any resulting evidence excluded by the court. If you refuse to take a BAC test, your license will be revoked — but you may avoid prosecution for DWI. Attorneys at Desfosses Law Firm are tough, experienced, and sophisticated. We understand your concerns if you face a DUI charge. We will answer your questions -- and fight for you. Contact Desfosses Law Firm today through this website, or by calling 603-436-8242 to learn how we can help you. |
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