A New Hampshire police officer who initiates a traffic stop might ask a driver to step out of his or her vehicle if he or she suspects the person of drunk driving. It is imperative to understand the legal definition of ”intoxication,” regardless of how a driver might be feeling at the time, in connection with alcohol that he or she may have consumed. A police officer who claims to have probable cause, such as by failing a motorist after he or she takes a field sobriety test, can make a DUI arrest.
Many people believe that a person who appears to be able to function without impediment is not intoxicated. Alcohol affects each person differently. Two people can both meet the legal definition of intoxication while only one of them exhibits symptoms.
Understanding DUI law
These five issues may have an impact on a DUI traffic stop or influence a police officer’s decision to arrest someone under suspicion of this offense:
- New Hampshire law states that a blood alcohol content level of .08 or higher legally constitutes intoxication.
- Signs of intoxication often include slurred speech, balance difficulties, bloodshot eyes and mental confusion.
- A person can be legally intoxicated and not exhibit any of the symptoms mentioned.
- Motorists are not required to comply with a request to take a field sobriety test during a traffic stop.
- If the results of a chemical test show that a person’s bloodstream contained a percentage of alcohol that meets the legal definition of intoxication, criminal charges may be filed, regardless of whether the person took a field sobriety test.
Just because a driver does not slur his or her speech, stumble or act drunk does not mean that he or she will not face DUI charges in court.
Refuting DUI charges in a New Hampshire court
Anyone facing DUI charges in New Hampshire may request legal support. Doing so is often the key to obtaining a positive outcome. An experienced attorney can recommend defense strategies that best fit a particular set of circumstances.