If you’ve been charged with a drunk driving offense, let the experienced attorneys at Shaheen & Gordon help you. Our clients are charged with all types of drunk driving offenses, from D.W.I. (1st offense) and D.W.I. (subsequent offense) to Aggravated D.W.I. and Negligent Homicide.
Our trial lawyers are former State and federal prosecutors and seasoned criminal defense attorneys. Put their experience to work for you. With the consequences so severe, get the assistance of an experienced D.W.I. lawyer. It can make a critical difference in understanding your options, negotiating a plea bargain or winning your case at trial.
The charge of “Driving While Intoxicated” (D.W.I.) is also commonly referred to as “Driving Under the Influence” (D.U.I.), or “Operating Under the Influence” (O.U.I.). Although the wording is slightly different, D.W.I., D.U.I. and O.U.I. mean the same thing. However, the penalties for a D.W.I./D.U.I./O.U.I. vary from State to State, as do the procedural steps that must be taken in court and before the motor vehicle bureau.
The charge of D.W.I. may at first seem straight forward and simple. The reality is much different. D.W.I. cases can include many different legal and factual issues ranging from whether the police stopped your car illegally, whether the police correctly administered the standardized field sobriety tests, whether the police had sufficient evidence to arrest you for D.W.I., whether you were appropriately advised of your rights before submitting to a breath or blood test, whether the breath test machine was certified, was the police officer who administered the breath test certified to operate the machine and did the officer comply with all of the laws and regulations governing breath tests. If a blood sample was taken similar questions arise about whether the police officer complied with the law and regulations for obtaining the blood samples, was the integrity of the blood sample maintained and was the blood sample tested by the State Laboratory in accordance with the required protocols. Sometimes the questions raised in D.W.I. cases can require expert witnesses in areas such as toxicology or relative to the how physical disabilities or limitations can affect a person’s performance during field sobriety tests.
Additionally, a conviction for a D.W.I. offense can have significant collateral consequences that are not immediately apparent. Most people know that if you’re convicted of a D.W.I. you lose your license and have to pay a fine. However, many people are not aware that you can be subject to a mandatory jail sentence. You are also required to “complete” an impaired diver intervention program before you can get your license back. The type of program you have to complete depends on the type of D.W.I. charge. “Completing” this program can sometimes require you to do a substantial amount of additional counseling with a licensed substance abuse counselor. Your insurance will also be affected. In order to get your license back in New Hampshire or Maine you will have to have your car insurance company file an SR-22 with the Department of Motor Vehicles. By comparison, Massachusetts does not have an SR-22 requirement. An SR-22 is proof of insurance and is generally much more costly than a standard car insurance policy. When you get your license back in New Hampshire you will have what is called a “probationary license” for a period of 5 years. This means that you can not drive a motor vehicle with a BrAC or BAC (Breath Alcohol Concentration or Blood Alcohol Concentration) of .03 or more. If you do, you are subject to an administrative license suspension, even if you are not “under the influence” of alcohol. Further, if you have a probationary license and you refuse to take a breath or blood test you are subject to an administrative license suspension, even if you are not “under the influence” of alcohol. When you get your license back in Maine you will have what is called a “conditional license” for a period of one year for a first offense and for 10 years for a second or subsequent offense. In Maine this means you can not drive with “any amount” of alcohol in your blood during the time you hold a conditional license. In contrast, Massachusetts does not impose a conditional or probationary license status when you get your license back.
Put our experience and knowledge to work for you. Let us help you navigate through the legal mine fields that result from a D.W.I. charge. With the consequences so severe, get the assistance of an experienced D.W.I. lawyer. It can make a critical difference in understanding your options, negotiating a plea bargain or winning your case at trial.
Contact the attorneys at Shaheen & Gordon today, because the best legal minds belong in your corner.
Representative Cases:
D.W.I./D.U.I./O.U.I.: Client stopped for weaving. The police officer officer detected and odor of alcohol coming from client. Client admitted to drinking. Client submitted to the standardized field sobriety tests after which he was arrested. Client subsequently submitted to a breath test with a result of .13 BrAC. Client rejected State's plea offer and opted to go to trial. At trial the defense cross examined the officer regarding how he instructed client to perform the standardized field sobriety tests. The cross examination revealed that the officer failed to administer each one of the the standardized field sobriety tests correctly. Further, cross examination revealed that many key parts of the officer's testimony were directly contradicted by his own written report. The defense moved to dismiss the case arguing that the officer did not have probable case to arrest client for D.W.I. The Judge agreed. CASE DISMISSED
D.W.I./D.U.I./O.U.I.: Client stopped for not having headlights on. The police officer observed no erratic operation. The officer detects an odor of alcohol coming from inside the car, but never coming from the client and never tries to determine if the odor is coming from the passenger. Client admits to taking a percocet and having a shot of tequila about 2 hours earlier. Client does not exhibit any signs of impairment, such as red, glassy eyes, slurry speech or dexterity problems in retrieving license and registration. Client is directed to exit the car walk to the rear of car. Client does so and again officer observes no signs of impairment or any odor of alcohol. Officer then asks client to perform field sobriety tests, which client agrees to do. Client subsequently arrested and submits to breath test with a result of a .14 BrAC. At trial the defense argues that the officer illegally exceeded the scope of the motor vehicle stop and had no factual basis to justify having client exit the vehicle and perform field sobriety tests. The Court agreed, holding that the officer exceeded the permissible scope of the stop, as such the stop was unconstitutional. CASE DISMISSED
D.W.I./D.U.I./O.U.I.: Client stopped for speeding. Client agrees to take field sobriety tests, after which the police officer arrest him for D.W.I. Client refuses to take a breath alcohol test. At trial the defense cross-examined the police officer on numerous aspects of the standardized field sobriety tests, pointing out several areas of the testing in which the officer gave the client incorrect instructions or failing marks that were not justified, resulting in very questionable results on the tests. Judge finds client NOT GUILTY.
D.W.I./D.U.I./O.U.I.: Client stopped for speeding. Client agrees to take field sobriety tests, but informs police officer of knee and ankle injuries, as well as ongoing problems with gout. Client unable to complete the standardized filed sobriety tests and is arrested for D.W.I. Client refuses to take a breath alcohol test. At trial the defense cross-examined the police officer regarding client’s knee and ankle injuries, as well as gout. Additionally, numerous aspects of the standardized field sobriety tests were brought into question. Judge finds client NOT GUILTY.
D.W.I./D.U.I./O.U.I.: Client stopped for making an illegal left turn. Client agrees to take filed sobriety tests after which he is arrested for D.W.I. Client agrees to take a breath test which results in a .12 BrAC level. Client reject’s State’s plea offer and opts to go to trial. Just prior to trial starting the prosecutor realizes she does not have the required certification for the breath test machine and offers to drop the DWI charge if client pleads to a Reckless Operation charge. Client accepts offer. The D.W.I. CHARGE IS DROPPED.