Feds to Push .05 BAC Limit in DWI-DUI Cases

New Hampshire DWI Laws.  The National Transportation Safety Board ("NTSB") issued a fiat today announcing that they will "recommend" to all 50 state that they reduce the "legal limit", legally known as the "per se limit", in DWI prosecutions.  A recommendation from these folks means it will morph into an order an a way of life.  The next step will be for the Department of Transportation to endorse it.  Then legislatures will applaud and ratify it.  Then cops will start to arrest more people who aren't any where close to be being intoxicated.

So why did they do it?  A "study" accompanied today's recommendation/decree.  As usual, a close look at the numbers should furrow your brow.  The study is attached here as a pdf file:

 http://www.ntsb.gov/doclib/reports/2013/SR1301.pdf

The number of fatal accidents and alcohol related fatalities have dropped sharply in the period the group studied (1982 to the present).  The study attributes this entirely to public and private awareness and legislative actions to punish drunk drivers (p. vi).  The study does not consider, for example, the invention and implementation of air bags, shoulder harness seat belts, the development of better brakes, better tires, shatter resistant windshields else or anything else over the past 30 years, except the government's efforts to combat accidents or fatalities.

In any event, the numbers have decreased dramatically.  The NTSB study claims that one third of fatal accidents involve drunk drivers, and this is the primary focus for their edict to lower the BAC in DWI cases from .08 to .05.  So how do they know that a third of fatal accidents involve drunk drivers?  You might think that they have blood alcohol tests to support their numbers.  You'd be wrong.

There were 32, 467 highway fatalities in 2011 according to the National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System ("FARS").  FARS "estimates" that 9,878 of these were alcohol impaired driving fatalities, or 31% of all fatalities, which this study rounds up neatly to "one third".  However, as this study concedes, 39 per cent of all drivers in these accidents were not tested for BAC at all and the BAC value was missing from another 10 per cent of the accidents.  So on this 31%/one third government guess, there were no BAC data available to the researches for 49% of the drivers (p. 2, FN 2, 3).

In the paper's abstract, there is a world map that shows Europe and parts of South America having per se BAC limits of .05.  Do you care what rights drivers in Paris or Denmark have?  Should we copy Europe's laws?  The Constitution was written so that we wouldn't have to.  In any event, here it comes.

The .05 DWI limit is lurking around the corner.  A .05 BAC isn't close to drunk for most people.  As always, decide carefully whether to submit to breath or blood testing if you are arrested in New Hampshire or Massachusetts.

Have a safe night.

Call for free case consultations 24/7 : Attorney Mark Stevens 1-603-893-0074

http://www.byebyedwi.com

 

Happy 4-20 from Salem, NH DWI Criminal Defense Lawyer Mark Stevens1-603-893-0074

If the Police think you're buzzed from marijuana, controlled substances, and yes, even over the counter medications (including cough syrup) you can be charged with a DWI in the state of New Hampshire. New Hampshire's DWI penalties and consequences are relentlessly unforgiving. 

These harsh legal penalties can haunt citizens busted for driving under the alleged influence of weed just as long as a drunk driving charge. Don't put yourself (or your reputation) in the hot seat if the cops want to stop and ask you questions,  take Attorney Mark Stevens advice: Lawyer Up and Shut Up. You Don't Have to Talk to the Cops!  

New Hampshire DWI and Drug Laws

New Hampshire's law on Possession of Drugs in a Motor Vehicle is different than the "possession of controlled drug" under the criminal code.  The biggest differences are the potential impacts on your right to drive.  If you get convicted of possession of drugs in a motor vehicle, the New Hampshire DMV will add 6 points onto your driving record, you will have the same red letters on your driving license as those convicted of DWI or Aggravated DWI, the conviction will count as a major offense under New Hampshire's "Habitual Offender" law, and you will lose your right to drive from 60 days up to 2 years!  This is sometimes a pile-on charge that accompanies a DWI charge, if the police find any trace of drugs in your car or truck when they inventory the vehicle prior to towing it.  Your next steps are important.

Here is the New Hampshire law, found at RSA 265-A:43:

265-A:43 Possession of Drugs.
Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318:B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years.

A conviction on this type of charge in New Hampshire court leads to a criminal record, a fine and a loss of your right to drive in New Hampshire for 60 days up to two years. If you are facing these types of serious consequences, please feel free to call me today for a free consultation at 1-603-893-0074. I look forward to speaking with you.

Have a safe night.

Attorney Mark Stevens
http:byebyedwi.com


Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens

Special thanks for help with this article to District of Columbia criminal defense attorney David Benowitz pricebenowitz.com

Happy St. Patrick's Day Salem, NH DWI Lawyer Mark Stevens 1.603.893.0074

Happy St. Patrick's Day from Salem, New Hampshire DWI & Criminal Defense Lawyer Mark Stevens!

New Hampshire DWI Laws. Make sure your lights, including your plate lights and brake lights, are working and that your license and registration are up to date before you drive anywhere with a green mouth; the cops will be looking for excuses to pull over vehicles on St. Patrick’s Day Eve so don’t give them a reason to stop you!    Like in the case of DWI roadblocks, there usually are not enough drunk drivers on the road to keep them all busy, so there will likely be a lot of other arrests, like operating after license suspension, possession of marijuana, and other victimless crimes and violations.  Don’t give them a chance to hassle you.

The police sometimes arrest people for drug impairment if they can’t smell alcohol or if the driver passes the breath test.  Once a driver passes a breath test, a whole extra gauntlet of aerobics are performed by the police on the driver to “detect drug impairment”.  If they’re told to find some drug impaired drivers they will probably find some and now  more than ever due to new laws passed as of January 1, 2013 regarding Drug Impairment, you can now be arrested for driving under the influence of cough syrup or aspirin! Don't get caught in this trap- Remember You Don't Have to Talk to the Cops. Lawyer Up & Shut Up- Then Call Mark Stevens! 603.893.0261 (24/7)

You can plug my number into your contacts right now on your cell phone for when you are hassled:  

    1-603-893-0074  (24/7)    or       1-603-893.0261 (24/7)    

  

If you get arrested feel free to call me at anytime. I look forward to speaking with you.

DWI and Criminal Defense  Attorney Mark Stevens

The Law Office of Mark Stevens                                                          5 Manor Parkway Salem, NH 03079                                           tel. 603-893-0074 (24/7)

info@byebyedwi.com

 

For more information on Attorney Mark Stevens, testimonials, won case examples, or changes in laws-  please visit www.nhcrime.com or www.byebyedwi.com

 

 

Lawyer up! Salem, NH DWI Attorney Mark Stevens Hosts LIVE Today@10AM-11AM on WSMN AM 1590

New Hampshire DWI Laws. Join host Attorney Mark Stevens, New Hampshire Criminal Defense & DWI Lawyer LIVE TODAY @ 10AM-11AM on WSMN AM 1590 Nashua's News and Talk Radio.   Streaming to you LIVE Friday March 15, 2013 via WSMN 1590 AM, also home of the Friends of Kevin Radio Show hosted by Kevin Willett Mondays and Wednesdays 11-1pm. Attorney Stevens discusses DWI Driving Tips,St. Patrick's Day, and how to avoid getting hassled by the police- especially during holiday weekends.  

Take this opportunity to call in your questions between 10AM-11AM [Studio Phone: 603-816-0019] Friday Morning between 10AM-11AM and ask Attorney Stevens LIVE.  No matter how outrageous the question- Attorney Stevens is ready to give you advice on what to do when hassled by the cops, and when to Lawyer up! 

WSMN AM 1590 STUDIO LINE :  603.816.0019

Watch this video on what to do when questioned by the police: Zip It!

Mark Stevens explains why You Don't Have to Talk to the Cops in this video:

To see more videos check out Attorney Stevens YouTube Channel

Attorney Stevens is located in Salem, New Hampshire and admitted to represent clients in all New Hampshire and Massachusetts courts. For more information, view case examples, changes in NH Laws and updates visit The Law Offices of Mark Stevens at nhcrime.com or byebyedwi.com.

If you've been arrested for DUI, Aggravated DUI, Minor in Possession, Shoplifting, or any other criminal related charges call to schedule your Free Consultation (24/7) @ 603.893.0074We look forward to speaking with you.

DWI & Criminal Defense Attorney Mark Stevens
5 Manor Pkwy. Salem, NH 03079
tel. 603.893.0074/ 603.893.0261
info@byebyedwi.com