Facing DUI Charges in Salem? We’re Ready to Fight for You!
Being charged with a DUI in Salem, New Hampshire, is a serious matter that can impact your driving privileges, your criminal record, and your future. Whether you’re dealing with a first-time offense or facing severe allegations like manslaughter while operating under the influence, the consequences can be life-changing. At the Law Office of Matthew W. Peterson, we understand what you’re going through—and we’re here to help.
Our team includes an aggressive DUI defense attorney in Salem and a former prosecutor who knows how DUI cases are built and how to challenge them. If you’re accused of Drunk Driving, facing OUI Penalties, or dealing with the results of Field Sobriety Tests and Breathalyzer results, we are prepared to offer focused, strategic defense tailored to your case.
Understanding DUI Charges Under New Hampshire Law
Under New Hampshire law, driving under the influence (DUI) is referred to as “Operating Under the Influence” (OUI). The relevant statutes can be found in RSA 265-A, which outlines offenses, penalties, and procedures related to impaired driving.
A person can be charged with OUI for operating a vehicle while under the influence of alcohol, drugs, or a combination of both. This includes any level of impairment that affects your ability to drive safely, not just a blood alcohol content (BAC) above 0.08%. For drivers under 21, a BAC of 0.02% or higher may result in charges.
The law also includes enhanced penalties for aggravated circumstances, such as:
- Excessive speeding while impaired
- Causing injury or death
- Having passengers under 16 in the vehicle
- Prior DUI convictions
Each case has different factors that can influence the outcome, which is why working with an experienced DUI defense attorney is essential.
What Happens After a DUI Arrest in Salem?
After a DUI arrest in Salem, you may face both criminal penalties and administrative consequences from the New Hampshire Division of Motor Vehicles.
These consequences can include:
- License suspension (even before trial)
- Mandatory substance abuse programs
- Fines and court fees
- Jail time for more serious offenses or repeat convictions
You will also be subject to testing procedures, such as a Breathalyzer or Field Sobriety Tests, which are often used as evidence in court. However, these tests are not always accurate and can be challenged in court with the right defense strategy.
For example, breath testing machines must be properly calibrated and administered by trained personnel. Field sobriety tests can be impacted by fatigue, medical conditions, or poor instructions. At the Law Office of Matthew W. Peterson, we know how to scrutinize these elements closely and challenge unreliable evidence.
How We Defend DUI Charges in Salem, New Hampshire
Our approach is based on building a strong defense using the facts, the law, and our deep experience in New Hampshire criminal courts.
Some of the common defense strategies we use in DUI cases include:
- Questioning the legality of the traffic stop: Police must have a valid reason to pull you over.
- Challenging test results: Breathalyzer or field sobriety tests must meet strict legal standards.
- Reviewing officer conduct: Was the proper procedure followed during the arrest?
- Examining medical conditions: Some conditions can mimic signs of impairment.
If you’re facing serious charges like Manslaughter While Operating Under the Influence (RSA 630:2), we take a more comprehensive approach, combining forensic analysis, accident reconstruction, and expert testimony to defend your case.
No matter the charge, we provide strategic, clear-headed defense to protect your rights and minimize the impact on your life.
Why Clients Choose the Law Office of Matthew W. Peterson
We are not just another law firm. At the Law Office of Matthew W. Peterson, we pride ourselves on being assertive, detail-oriented, and relentless in court. But we also know how to communicate with clients and explain each step of the process in plain language.
We offer:
- Experience from both sides of the courtroom, including a former prosecutor on our team
- Local knowledge of Salem and the surrounding New Hampshire courts
- Honest, straightforward legal advice
- A dedicated strategy tailored to your specific situation
Whether you’re facing a misdemeanor DUI or a felony OUI charge, we treat your case as a priority and guide you through every stage.
Take Action Today
DUI charges in Salem, New Hampshire, should never be taken lightly. The legal system can be complex, and the consequences of a conviction may follow you for years. The Law Office of Matthew W. Peterson is here to offer the skilled, aggressive criminal defense representation you need, without exaggeration, empty promises, or one-size-fits-all solutions. Contact us today to set up a strategy session.
Frequently Asked Questions
What is the difference between DUI and OUI in New Hampshire?
In New Hampshire, the terms DUI (Driving Under the Influence) and OUI (Operating Under the Influence) are often used interchangeably. However, the official legal term under RSA 265-A is OUI. It applies to operating any vehicle while impaired by alcohol, drugs, or both.
Can I refuse a breathalyzer test in New Hampshire?
Yes, but refusal carries automatic penalties under New Hampshire’s “implied consent” laws. Refusing a test can result in an automatic license suspension, even if you are not convicted of DUI. It’s important to speak with a DUI defense attorney about your specific situation.
What happens if I fail a field sobriety test in Salem?
Failing a field sobriety test does not mean you are automatically guilty. These tests can be influenced by many outside factors and are not always reliable. Your defense attorney can review whether the test was administered properly and whether the results are admissible.
What are the penalties for a first-time DUI in New Hampshire?
According to RSA 265-A:18, a first-time conviction may include a fine of at least $500, mandatory substance abuse screening, and license suspension for 9 months to 2 years. Jail time is not mandatory unless there are aggravating circumstances.
Can a DUI be reduced or dismissed in court?
Yes, depending on the circumstances. If evidence is weak or procedures were not followed properly, your attorney may negotiate a reduced charge or move to dismiss the case entirely. Every situation is different, so it’s important to have your case evaluated by a knowledgeable defense attorney.