2011 October Archive

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Nearly all police officers who conduct road patrols have received training on recognizing signs that might point to impairment by alcohol and lead to an arrest on suspicion of driving under the influence of alcohol (DUI). Fewer officers, however, are trained to recognize the signs that a driver might be impaired by a substance other than alcohol. Those officers who have such training may be known as drug recognition experts (DREs).

DRE training is provided by the National Highway Traffic Safety Administration (NHTSA), as well as by state or local agencies. NHTSA DRE training is a three-step process. The first step involves at least two days of training on how to determine if a person might be impaired by a drug and making a guess as to what type of drug may be involved. The second step is seven days of training on how various drugs work on human bodies and the legal considerations involved in stopping someone on suspicion of drugged driving in New Hampshire. Students must then take a written test to advance to step three. The final phase of DRE training involves working with actual people suspected of drugged driving under the supervision of someone who has already passed DRE training.

Once training is complete, a second written exam is required to be certified as a DRE. This certification must be renewed every two years and requires several hours of additional training. A DRE who does not keep his education up to date or who “demonstrates substantial unprofessional or unethical behavior” may be decertified by the NHTSA.

Drugged driving is a different charge than drunk driving, but the consequences of a conviction are still strict. If you’re facing a drugged driving charge in New Hampshire, the experienced New Hampshire DUI defense attorneys at Tenn And Tenn, P.A. can help. For a free and confidential telephone consultation, call us today at (603) 624-3700.

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A breathalyzer, or breath testing machine, analyzes a sample of your breath and produces a number that estimates your blood alcohol concentration (BAC). Breath alcohol testing machines are commonly used by police stopping people on suspicion of drunk driving since they offer an easy way to estimate whether a driver’s BAC is over the legal limit of 0.08 percent or not. In order to understand how these machines work, it’s important to know how the alcohol you drink winds up on your breath.

When you take a drink of alcohol, the liquid enters your stomach where it is temporarily stopped by the valve at the bottom of the stomach known as the pyloric sphincter. Some alcohol is absorbed into your blood through the walls of the stomach, but the majority of it is absorbed in the part of the small intestine that hooks up to the pyloric sphincter, known as the duodenum. This is one reason that eating while drinking alcohol makes the alcohol work more slowly: as you eat, you encourage the pyloric sphincter to stay closed, keeping most of the alcohol from being absorbed in the intestines.

As the alcohol enters the small intestine and is absorbed into the bloodstream, it travels throughout the body, including into the lungs. The lungs contain membranes called alveoli which spread the blood out so that it can release carbon dioxide for you to breathe out and soak up oxygen taken in when you breathe in. When the blood drops off the carbon dioxide, it also drops off a certain amount of alcohol molecules. This alcohol is what’s measured by a breath testing machine.

If you’re facing drunk driving charges in New Hampshire, please don’t hesitate to call the experienced New Hampshire DUI defense attorneys at Tenn And Tenn, P.A. We will examine your case carefully and help you build an aggressive defense that protects your rights and gets the best possible outcome in your case. For more information, call us today at (603) 624-3700 for a free and confidential telephone consultation.

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The costs of a New Hampshire DUI conviction extend far beyond the jail time, fines, or community service most people think of concerning a conviction. According to the U.S. Federal Motor Carrier Safety Administration (FMCSA), the costs that come with being convicted of driving under the influence of alcohol (DUI), or drunk driving, include lost time and lost opportunities as well as lost money.

First, a conviction of DUI or DWI costs drivers an average of $6,000 for a first conviction, according to the FMCSA. This cost includes fines, increased insurance rates, towing costs, and more. With many states cracking down on drunk driving by increasing fines, a second or third DUI conviction can cost even more, especially if the driver is required to take an alcohol or drug intervention program or to have an ignition interlock device installed in his or her car.

Also, the FMCSA estimates that receiving a DUI conviction can cost a driver a great deal in lost time. For instance, a driver may lose time from work for court dates, community service, or an alcohol treatment program. If the driver’s license is suspended, he or she may have to rely on public transportation or walking, which take more time than using a car.

Finally, according to the FMCSA, a DUI conviction may mean a driver misses out on opportunities. For instance, a driver’s car insurance rates may go up, eating up money the driver would otherwise have had for other purchases or hobbies. Also, a DUI conviction may result in a driver losing his or her job or being passed over for a promotion.

A New Hampshire drunk driving conviction has serious consequences. That’s why the experienced New Hampshire DUI defense attorneys at Tenn And Tenn, P.A. fight for the best possible outcome for each client we represent. For a confidential consultation by telephone, call us today at (603) 624-3700.

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A conviction of driving under the influence of alcohol (DUI) or driving while impaired by alcohol or drugs (DWI) carries strict penalties in New Hampshire and other states. Drivers who are charged with or convicted of drunk driving and also have a commercial driver’s license (CDL) face even stricter penalties, especially if they are convicted of a DUI that happened while they were driving a commercial truck or bus.

According to the U.S. Federal Motor Carrier Safety Administration (FMCSA), a driver convicted of DUI may face heavier penalties if he or she also owns or operates a commercial vehicle. These include vehicles owned by trucking or bus companies, vehicles owned by federal, state, or local government units, and vehicles owned by civic organizations and churches. In most states, the legal limit of blood alcohol concentration (BAC) for a driver of a commercial vehicle is 0.04 percent, half the legal limit for drivers of private vehicles. The FMCSA also prohibits drivers from driving a commercial vehicle within four hours of drinking alcohol.

After an accident or at a New Hampshire sobriety checkpoint, commercial drivers may also be required to take a breath test or other chemical test to check for alcohol or drugs. If a commercial driver refuses to take a blood alcohol test, the FMCSA may treat the driver as if he or she pleaded guilty to DUI and suspend his or her CDL accordingly.

A DUI arrest or conviction can cost truck or bus drivers their livelihood. If you’re facing a drunk driving charge, please don’t hesitate to call a skilled New Hampshire drunk driving defense lawyer at Tenn And Tenn, P.A. For a free and confidential consultation, call us today at (603) 624-3700.

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New Hampshire requires drivers convicted of certain types of driving under the influence (DUI) offenses to attend an Impaired Driver Intervention Program (IDIP). Normally, a driver who receives a DUI conviction in New Hampshire is required to take the IDIP somewhere in the state of New Hampshire. Drivers who are out-of-state residents, however, may opt to attend an IDIP program in their home state, as long as they meet all the requirements of New Hampshire law to take the out-of-state IDIP.

In order to attend an out-of-state IDIP, a driver must submit documentation to the New Hampshire Department of Safety (NHDOS). Required documents include a certified copy of your motor vehicle record from every state you have lived in since the out-of-state New Hampshire DUI conviction and a sworn statement responding to specific questions asked by the NHDOS. The program must also provide documentation showing that it complies with the same requirements that New Hampshire IDIP programs must meet.

These are only a few of the requirements for switching an IDIP to your home state. Because the process can be challenging, the NHDOS notes that you are allowed to choose an attorney to work with you and to ensure you understand and meet all of the out-of-state IDIP requirements.

If you’re facing a DUI charge or conviction, the New Hampshire impaired driver intervention program attorneys at Tenn And Tenn, P.A. have years of experience in drunk driving cases and can help you fight for the best possible and make sure you meet all the state’s requirements. For a free and confidential consultation by phone, call us today at (603) 624-3700.

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Many people who are pulled over by the police on suspicion of drunk driving are asked to take a preliminary breath test (PBT) to give the officer an estimate of the person’s blood alcohol concentration (BAC). As everyone who has taken a PBT knows, the test involves blowing into a device that then gives a reading, usually in the form of a number or a percentage. But what’s really being measured inside that little black box?

Breath samples given by blowing into a breath testing machine usually include three different types of samples. These are known as tidal breath air, reserve breath air, and alveolar breath air. Tidal breath air comes from the top of the lungs. When a person breathes normally, most of what they exhale is tidal breath air. Reserve breath air is exhaled when a person breathes while exercising. More air goes in and out in a reserve breath than in a tidal breath, but the air still stays in the lungs for only a short time. Neither of these types of breath samples gives an accurate depiction of a person’s blood alcohol concentration.

In order to work correctly, a New Hampshire breath alcohol testing machine must test a sample of alveolar breath air. This type comes from deep in the lungs, where it has been in contact with the blood circulating through the alveoli, which are lung tissues that put oxygen into the bloodstream and clean carbon dioxide out. An officer that asks a driver to blow steadily until the driver is gasping for air is trying to get a sample of alveolar breath air.

Breath test results are often used in drunk driving cases, so it’s crucial to know whether your test was performed correctly or not. At Tenn And Tenn, P.A., our experienced New Hampshire DUI attorneys can examine breath test results and other evidence in order to build an aggressive defense in order to win the best possible outcome in your case. For a free and confidential telephone consultation, call us today at (603) 624-3700.