During the holidays, especially, it’s important to remember that even one drink can be too many. If you are stopped and the officer smells alcohol on your breath, it is likely that you will be questioned for suspicion of driving under the influence.  If this happens, consider these tips:

• Stop the car in a safe place ASAP and keep your hands visible
• Cooperate with the officer by producing your license, registration and advising of your name and address.
• Be respectful.
• Know your rights – you can refuse tests offered by police officers
• Silence: the less you say, the better – avoid making any statement that incriminates yourself
• If you are arrested, advise that you wish to remain silent and ask for a lawyer

In New Hampshire, a conviction does not require evidence that you were “drunk,” only that you were (1) operating a vehicle; (2) on a road or parking lot generally open to the public; and (3) impaired to any degree.

Significant penalties, including fines and loss of license, result from a first offense conviction. Separate from criminal penalties, your license may be administratively suspended for at least six months if you refused to submit a blood or breath test or if your results yielded a .08 blood alcohol level or higher.

Any arrest following a traffic stop is stressful. An experienced attorney will guide you through the process, review the case against you, assess any evidence that you might have to offer, contemplate motions to file, and inform you of the penalties of the charges.

If you are charged following a traffic stop, the criminal defense attorneys at Wescott Law will advocate for your best interest to minimize penalties or have the charges reduced/dismissed as the evidence allows.