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Please note-this is an example of the disposition of a recent New Hampshire DWI case in which DWI defense lawyer Mark Stevens represented the driver accused of DWI. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: A driver was stopped for crossing the yellow line that divided two lanes of travel.  The driver’s car came to a stop in her driveway.  The police officer approached her window.  After the usual series of questions, the officer observations of red bloodshot eyes, an odor of alcohol and slurred speech, the officer asked the driver to perform the series of sidewalk gymnastics known as “field sobriety tests”.  Like most drivers, she couldn’t do them to the officer’s satisfaction and she was arrested.  (CAUTIONARY NOTE: you might be arrested even if you “pass” these subjective tests, as some of the case examples on this website highlight over the past few months.  You cannot be forced to do these tests at the roadside). 

At the police station, the arresting officer read a form quickly to the driver and asked her to sign it.  The driver refused to sign the form, and explained that she wanted to call someone and ask questions because she didn’t know what to do.  The officer “deemed her to be a refusal” when she did not immediately decide to blow into the breath test hose.  The officer took her license and gave the driver a notice of suspension action for refusing to blow into the breath test hose when he demanded it.

            The driver then received a letter from the department of safety advising her that his license would be suspended for 180 days for allegedly refusing the breath test.  The driver hired DWI defense lawyer Mark Stevens to challenge the administrative license suspension at a hearing at the Department of Safety. 

HEARING PROCEDURE:            Attorney Stevens requested a hearing on the driver’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the law and the rules allow regarding refusing to blow into the breath testing hose at the police station.  After the state presented its case and DWI defense lawyer Mark Stevens cross examined the officers involved, the administrative license suspension was DISMISSED.  The driver’s administrative license suspension was dismissed after the hearing.  She got her right to drive back!

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The driver’s right to drive pending trial was restored.  She did not suffer the 180 day administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“that if you confess with your mouth Jesus as Lord, and believe in your heart that God raised Him from the dead, you will be saved; for with the heart a person believes, resulting in righteousness, and with the mouth he confesses, resulting in salvation.  For the Scripture says, “WHOEVER BELIEVES IN HIM SHALL NOT BE DISAPPOINTED.”

ROMANS 10:9-11.

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• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.
• Your telephone number and the best time to reach you.

Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.