Common misconceptions about DUI charges

On Behalf of | Feb 27, 2023 | DWI/DUI Defense

Driving under the influence of alcohol is a common criminal charge. Unfortunately, many people do not fully understand this charge.

If you are facing DUI charges in New Hampshire, you should know the truth about these common misconceptions.

You can not get a DUI if the car is not moving

Many people believe that if they are not actually driving, they are safe from a DUI charge. This unfortunate misunderstanding can have serious consequences.

If you are behind the wheel of your parked car, police may conclude that you have been driving or intend to drive. Even if you are just resting or waiting for a sober ride, you may find yourself under arrest for DUI.

Your BAC determines the outcome of your case

If the tests show a BAC above the legal limit, this increases the likelihood of a DUI conviction. However, it is not a guarantee.

Breath tests have a margin of error, especially if the officer administering the test does not have proper training. Likewise, failure to follow strict protocols for blood testing can lead to faulty results. It may be harder to successfully fight a DUI charge after failing the test, but it is possible.

Implied consent means it is illegal to refuse testing

New Hampshire law presumes that all drivers automatically consent to a blood, breath or urine test for alcohol or drugs. Despite this, it is not illegal to refuse a test, but you can face consequences.

Refusal typically results in a license suspension. It will not necessarily prevent a conviction, as the prosecutor can use it against you in court. However, in some cases, refusal might benefit you by depriving the prosecution of BAC evidence.

Understanding the facts about DUI charges gives you a better chance of successfully fighting the charge.