You’ve been pulled over and now you’re concerned that you may have had too many drinks to get behind the wheel. While drinking & driving is ALWAYS a bad decision, and illegal in all 50 states, there are steps that one can take to avoid being falsely accused of Driving Under the Influence/While Intoxicated.

1. Produce license, registration and proof of insurance.

If stopped by an officer on suspicion of DWI or DUI, it is important to supply all legally required documents, such as driver’s license, registration, and proof of insurance. Failure to do so will result in citation and/or fines. Also, failure to produce these documents will mean the officer will have reasonable suspicion for other criminal activities.

2 Be cooperative

While the advice below will instruct you to refuse certain requests of the officer, it’s important that you be polite during the entire process. Do not physically resist the officer; do not be rude; and answer any questions that won’t incriminate yourself. The last thing you want to do during this process is upset the arresting officer.

3. Refuse Field Sobriety Tests

A field sobriety test usually tests for coordination, balance, and reflexes. These tests are designed for failure. The results of the “tests” are completely subjective to the officer, and will give them more cause for arrest.

4. Refuse Breath Tests

Like all states, New Hampshire has an “Implied Consent Law”, which means that you consented to chemical testing via breathalyzer, blood, or urine, when you accepted your driver’s license. By refusing these tests, you will automatically be hit with penalties from the DMV. But, it is most likely in your best interest to accept these penalties, as the chemical test will be used as evidence against you in a DWI/DUI, which will result in harsher penalties.

5. Make no statements

The 5th Amendment of the United States Constitution legally protects you from self incrimination. You are not required by law to answer questions from a police officer. If you are arrested, remember that “anything you say can, and will, be used against you in a court of law”.

If you are arrested, make sure to immediately contact a qualified NH DUI or DWI lawyer, such as the lawyers at Bernstein, Mello, & Chadwick.

Categories: DUI / DWI


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