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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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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beagletronic61 t1_j6fc9f1 wrote

Replying to [deleted] (#1,592,676)

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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beagletronic61 t1_j6feo8w wrote

Replying to [deleted] (#1,593,949)

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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ReauxChambeaux t1_j6fhjji wrote

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

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Wit_Smart_Heart t1_j6fjfkg wrote

Replying to Individual_Moose602 (#1,593,515)

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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carpdog112 t1_j6fleqd wrote

Replying to [deleted] (#1,595,118)

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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carpdog112 t1_j6fp4ym wrote

Replying to beagletronic61 (#1,595,107)

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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carpdog112 t1_j6fplgp wrote

Replying to [deleted] (#1,596,247)

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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beagletronic61 t1_j6fqnyd wrote

Replying to carpdog112 (#1,596,295)

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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carpdog112 t1_j6frbnc wrote

Replying to beagletronic61 (#1,596,629)

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

Replying to carpdog112 (#1,596,785)

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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almutch t1_j6g4mci wrote

McCormack law Plymouth nh

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Ok_Doughnut_6769 t1_j6g5k9t wrote

Erik Wilson Nashua NH but he goes anywhere in NH he is the best in the state

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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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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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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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NewHampshireAngle t1_j6hnicb wrote

Save your money, all the atty is going to do is charge $6K to hold their hand.

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Beastlypenguin7 t1_j6ibwuk wrote

Replying to Individual_Moose602 (#1,593,515)

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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beagletronic61 t1_j6ido61 wrote

Replying to [deleted] (#1,605,207)

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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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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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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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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Enough_Device_6023 t1_j6ji3x0 wrote

Replying to [deleted] (#1,604,637)

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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Individual_Moose602 OP t1_j6k6ovj wrote

Replying to mafiafish (#1,623,811)

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

Replying to Individual_Moose602 (#1,631,032)

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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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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Bill2k t1_j6o1iu9 wrote

Replying to Individual_Moose602 (#1,631,032)

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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