Charged With Drunk Driving in Derry? Let a Skilled Defense Attorney Help You Navigate Your Case
If you’ve been charged with DUI or OUI in Derry, New Hampshire, the consequences can be serious and long-lasting. At the Law Office of Matthew W. Peterson, we understand how overwhelming a DUI arrest can be, especially when your license, job, or future opportunities are on the line. That’s why our DUI defense attorney in Derry take a straightforward, strategic approach to every case. Whether you’re facing your first offense or have prior convictions, our legal team, which includes a former prosecutor, will work hard to defend your rights and pursue the best possible outcome.
We help people in Derry and surrounding communities understand the charges they’re facing and what legal defenses may apply. Our firm focuses on building strong defenses tailored to the facts of your case, including careful examination of breathalyzer results, field sobriety tests, and police procedures.
What Qualifies as DUI or OUI in New Hampshire?
In New Hampshire, DUI is formally known as Operating Under the Influence (OUI). Operating or attempting to operate a vehicle while under the influence of alcohol or a controlled substance, or when a driver’s blood alcohol content (BAC) is 0.08% or greater, is prohibited by RSA 265-A:2. For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, it is 0.02%.
Common charges include:
- Operating a vehicle while under the influence of drugs or alcohol
- Refusal to submit to alcohol concentration or drug tests
- Operating a vehicle with an alcohol concentration above legal limits
- Causing injury or death while driving under the influence (Manslaughter While Operating Under the Influence)
These offenses fall under New Hampshire’s motor vehicle statutes and can lead to criminal penalties, administrative license suspension, mandatory alcohol education, and ignition interlock requirements.
Legal Penalties for DUI and OUI in New Hampshire
The penalties for DUI in New Hampshire depend on whether it’s your first offense or if there are aggravating factors. Based on RSA 265-A, potential consequences include:
- First Offense DUI: A minimum $500 fine, alcohol and drug abuse screening, and loss of license for a minimum of 9 months (may be reduced to 90 days).
- Second Offense DUI: Minimum 3-day jail sentence, longer license suspension, and required participation in an impaired driver care management program.
- Aggravated DUI (e.g., excessive speeding, passengers under age 16, BAC over 0.16%): This is often treated as a Class A misdemeanor and carries increased jail time and fines.
- Felony DUI or DUI with Injury: May result in significant prison time, felony charges, and long-term license revocation.
Penalties can increase further if you refuse to take a breathalyzer or other chemical test under New Hampshire’s implied consent law, as outlined in RSA 265-A:4.
How We Build Strong DUI Defense Strategies
At the Law Office of Matthew W. Peterson, we know that no two DUI cases are the same. That’s why we focus on identifying the specific facts that may be used in your defense. Some of the most common elements we examine include:
- Validity of the traffic stop: Did law enforcement have a legal reason to stop you?
- Administration of Field Sobriety Tests: Were the tests conducted properly? Were there environmental or health-related factors that could’ve caused false indications?
- Accuracy of Breathalyzer Tests: Was the equipment calibrated and maintained according to regulations? Were you observed properly before testing?
- Procedural mistakes: Did the police follow all required procedures during arrest, questioning, and testing?
Having a former prosecutor on your legal team gives you an advantage. We understand how these cases are typically handled in court and how to identify weaknesses in the evidence against you.
Understanding Manslaughter While Operating Under the Influence
A DUI charge can become even more serious if someone is injured or killed as a result. According to RSA 630:2, if you are accused of causing another person’s death while driving under the influence, you could face a charge of Manslaughter While Operating Under the Influence, a Class A felony. This carries the possibility of decades in prison and permanent loss of driving privileges.
If you are facing this level of charge, it is crucial to have an experienced and aggressive criminal defense attorney on your side.
Serving Clients in Derry and Nearby Communities
The Law Office of Matthew W. Peterson is proud to represent clients in Derry, New Hampshire, and the surrounding towns. Our firm handles a wide range of criminal charges, but we give special attention to DUI and related offenses, including:
- OUI Penalties
- Drunk Driving Breathalyzer Tests
- Field Sobriety Tests
- License Suspension Hearings
- Felony DUI
- Repeat Offenses
If you’re looking for a Derry criminal defense lawyer who listens, investigates, and acts quickly, our team is ready to help.
Contact Us to Set Up a DUI Strategy Session
Being arrested for DUI doesn’t mean you’re guilty. There are often multiple options available to fight your case, minimize penalties, or keep your record clean. At the Law Office of Matthew W. Peterson, we’ll help you understand every legal option and guide you through the process step-by-step.
Contact us now to set up a strategy session and get the experienced legal support you need.
Frequently Asked Questions
What happens if I refuse a breathalyzer test in New Hampshire?
Under New Hampshire’s implied consent law, refusing a breathalyzer test can result in automatic license suspension, even if you are not convicted of DUI. The length of the suspension can be up to 180 days for a first refusal.
Can I drive after a DUI arrest in Derry?
In most cases, your license will be suspended shortly after a DUI arrest. However, you may be eligible for a limited driving privilege, depending on the details of your case. Speak to a DUI defense attorney for specific guidance.
How long does a DUI stay on my record in New Hampshire?
A DUI conviction remains on your record for a minimum of 10 years and may affect future sentencing if you’re charged again. It may also impact insurance rates and employment.
Is jail mandatory for a first DUI offense?
Jail is generally not mandatory for a first DUI offense unless aggravating factors are involved. However, second or subsequent offenses often include mandatory jail time.
What is the difference between DUI and OUI in New Hampshire?
There is no legal difference in New Hampshire. DUI (Driving Under the Influence) and OUI (Operating Under the Influence) are used interchangeably under RSA 265-A:2.