New Hampshire's "DWI Per Se Law" by Lawyer Mark Stevens 603-893-0074

You've heard of "guilt by association"? How about "guilt by cooperation". You're guilty if you cooperate under this legislative scheme. If you have been arrested for DWI and you chose to blow into a breath testing gadget, or if you submitted to a blood test, and the alleged result is a .08 or higher, or a .02 or higher if you are under 21, then you were probably also charged with "DWI Per Se". This means the state will prosecute you based on two theories: 1). that you were intoxicated; and 2) that you blew at or over an .08 (or at or over a .02 if you are under 21). They will throw both charges against the wall and see if one can stick.

In New Hampshire if you elect to blow into a breath tester at the police station or submit to blood testing, and if the "results" of the breath or blood test are .08 or higher, the police will add a second DWI charge against you, called a DWI "per se charge". This is Latin for "by itself". Below you will find the language of New Hampshire's "Per Se" portion of the New Hampshire DWI law.

New Hampshire DWI laws and case examples involving Driving While Intoxicated, Driving Under the Influence, Operating Under the Influence, Aggravated DWI and Boating under the Influence ("BUI") cases by New Hampshire DWI defense lawyer Mark Stevens. If you have been arrested for DWI, DUI, OUI or BWI in New Hampshire, call 603-893-0074 for free initial consultation and case evaluation for your DWI, DUI, OUI or Boating While Intoxicated case:

Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074

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