In May of 2009, our client Drew was operating his motor vehicle in Allenstown, New Hampshire when he came upon a “sobriety checkpoint”, otherwise known as a DWI roadblock. Although Drew was not operating his motor vehicle in an erratic or improper fashion, he was promptly stopped by the police and asked for his license and registration and whether he had been drinking that evening. Drew was honest with the officer and admitted to consuming a few drinks earlier in the evening. Drew was immediately asked to step from his vehicle and perform field sobriety tests on the side of the road.
The arresting officer administered DWI field sobriety tests including the Horizontal Gaze Nastagmus, One Leg Stand, and Walk And Turn tests. Drew passed the Walk And Turn test and the One Leg Stand test. However, the arresting officer believed that Drew failed the Horizontal Gaze Nastagmus test (a test where you are asked to follow a stimulus with your eyes from the right and to the left). Drew was then arrested and charged with DWI.
Drew was brought into the DWI Mobile Command Center and asked to submit to a breath test on an Intoxillyzer machine. Believing in his innocence, Drew submitted to a breath test which revealed a result beyond the prima fascia limit of .08 blood alcohol content (BAC). Drew retained Tenn And Tenn, P.A. to defend him against the DWI charges filed against him by the State of New Hampshire. His breath samples were immediately forwarded to an independent laboratory for testing. CG Labs, Inc.’s analysis revealed errors with the Intoxillyzer, and/or the operation of that machine by the State’s certified intoxillyzer operator. These errors were immediately brought to the attention of the prosecutor. Nonetheless, the State proceeded with prosecuting Drew for Driving While Impaired.
Attorney Tenn challenged the State at the Administrative License Suspension Hearing at the Department of Safety, Division of Motor Vehicles, and argued that there was no reasonable basis for his arrest. Attorney Tenn also argued that the Intoxillyzer machine in the DWI Mobile Command Center was not operating properly as demonstrated by the independent test results from CG Labs, Inc.
Following two (2) days of testimony, the Hearings Examiner ruled that the State was not able to meet its burden of persuasion that the officer had reasonable grounds for the arrest. Drew’s license to drive and CDL license were immediately restored. Thereafter, the Prosecutor’s office dismissed all DWI charges against Drew.
If you or a loved one is being charged with a DWI crime, do not hesitate to contact the New Hampshire DWI defense attorneys at Tenn And Tenn, P.A. Our lawyers will examine the circumstances surrounding your DWI and will provide you the strongest defense possible. Please call us today for a free consultation at (603) 614-5055