Author: Developer

Aggravating factors can make DWI penalties even more severe

Posted on

In New Hampshire and Massachusetts, if you attempt to operate a motor vehicle while under the influence of alcohol or drugs, you can be charged with DWI (driving while intoxicated) or DUI (driving under the influence). Both charges are essentially the same and can bring some substantial consequences if you are convicted. Those penalties are made even worse if you are charged with an aggravating factor and the offense is bumped up to Aggravated DWI or DUI.

Those aggravating factors include:

  • Exceeding the speed limit by more than 30 mph
  • Driving with a passenger under 16 years old
  • Attempting to elude law enforcement by speeding up, turning off headlights, abandoning a vehicle, or other evasive actions
  • Causing an accident that results in serious bodily injury
  • Operating a vehicle with a blood alcohol content of .16% or more

Normally, a person can be charged with DWI or DUI if their blood alcohol content is .08% or more. However, if you are an underage driver (under 21), you can be charged if your blood alcohol content is .02% or more.

Aggravated DWIs are Class A misdemeanors, except when there is serious bodily injury, which enhances the charge to a Class B felony. Fines can range into thousands of dollars and jail sentences of 14 days up to seven years.

Needless to say, if you are charged with Aggravated DWI, you face serious consequences requiring a skilled and experienced defense attorney. The loss of your license can be especially difficult if you hold a commercial license and are required to drive for your job.

Because every case is different, you should immediately contact an attorney after you are charged. Do not make any statements to law enforcement officials until you have had the opportunity to consult with an attorney who will protect your rights and work hard to preserve your freedom.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Posted in DWI

My Highest Recommendation

Posted on

My DUI case was among the hundreds that were awaiting the results of the Draeger Breathalyzer ruling in Massachusetts. Due to the incredible work of Mike and the other attorneys who challenged the Draeger’s reliability, my breath test was not included as evidence during the bench trial.

My case was over 5 years ago, and I was increasingly anxious for it to reach a conclusion. Due to the lifetime lookback in Massachusetts, and an old previous offense, I was extremely worried about the impact a guilty finding would have on my life and in particular, my professional career.

On the day of the trial I was told by Mike to expect a not-guilty, and that is exactly what happened. With great poise, confidence and expertise, Mike questioned the arresting officer and pointed out some key inconsistencies in his testimony vs. the police report and other statements he had previously made.

Needless to say, at the end of this 5 year, painful ordeal, I felt enourmous relief and frankly, humility.

I’ll just say that you simply will not find anyone better than Michael Bowser and his fantastic staff to be by your side if you find yourself in similar circumstances.

Mounting a defense against drug charges

Posted on

When you are charged with a criminal offense involving drug charges, the resulting repercussions can bring about life-changing consequences, including jail time and significant fines. Zealous law enforcement efforts combined with societal pressures to aggressively go after potential drug offenders can sometimes lead to procedural errors or other mistakes. Just because you are charged with a drug crime, it does not mean you are automatically guilty. There are several drug charge defenses an attorney can employ to help you preserve your freedom. Some of the more commons defenses are:

Entrapment. When law enforcement uses a sting operation, sometimes a suspect is induced to commit a crime they would not have done otherwise. If officers or informants coerce a suspect to commit a crime under these circumstances, the charges can be questioned and possibly dismissed.

Unlawful search and seizure. If inappropriate procedures regarding search and seizure take place, then you may have the basis for a case to be thrown out by the court. The Fourth Amendment of the U.S. Constitution guards against wrongful search and seizure, and exploring all avenues in this regard are quite common in drug cases.

Drug analysis. Drugs that are seized during an arrest must be sent to a crime lab for testing to prove they are what they appear to be. Testing in a clinical setting can sometimes prove that just because a drug may appear to be something in the field, that may not be the case in a clinical setting.

Drugs are not the property of the suspect. One way to fight a drug charge is to deny that you had any knowledge that the drugs in question were in your possession. This might be the case if other people are riding in a vehicle and it is pulled over or if several people have been at a residence and drugs are found at the scene. Raising a reasonable doubt may provide an ample enough defense to have charges dismissed.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Understanding the differences between DUI, DWI and OUI charges

Posted on

There are a number of different charges that can be brought against you if you operate a motor vehicle after you have used drugs or alcohol in Massachusetts or New Hampshire. Regardless of which offense you are charged with, you will need an experienced drunk driving defense attorney to help you defend yourself.

There are three primary charges that can be filed against you, and it is important to know and understand the similarities and the differences of each one.

DUI. Driving Under the Influence. If you’re charged with a first offense of DUI, then it will be categorized as an Operating Under the Influence (OUI) offense and can result in harsh penalties. Unless there are extenuating circumstances, most drivers will not receive maximum fines and punishment, but even lesser penalties mean thousands of dollars in fines. To be charged with a DUI, a person must exceed the minimum threshold of .08% blood alcohol level (BAC). Upon conviction, a first-time offender can expect to receive a license suspension of anywhere from 45 to 90 days, one year of probation, and mandatory participation in a 16-week drug and alcohol education program.

OUI. Operating Under the Influence. The standard to be charged with OUI is different than being charged with DUI. With a DUI, you must actually be operating a vehicle while you are under the influence of drugs or alcohol. For an OUI, you can be charged if the keys are in the ignition, even if you pulled off to the side of the road or are caught behind the wheel while not in motion but still under the influence. First-time OUI’s are case specific, meaning that penalties and possible convictions are reviewed on a case-by-case basis. While there are no mandatory minimums for jail time, a conviction can bring a license suspension of 45 to 90 days. That increases if a driver refuses to submit to testing under implied consent laws, with suspensions rising to up to 180 days. Fines vary widely but will fall between $500 and $5000 most of the time. Court costs and the costs of completing the sentence will add considerable amounts as well.

DWI. Driving While Intoxicated. This is essentially the same charge as DUI. Sometimes you will see a DUI charge referred to as a DWI. It carries the same penalties as a DUI. In New Hampshire, DWI is related to alcohol, and DUI is related to drugs as the main distinguishing feature between the two charges.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Great Job

Posted on

Mr. Bowser got my breathalyzer dismissed as well as my DUI reduced to Reckless driving. Very professional and knew everyone at the Courthouse. He knows what the judges want to hear. Highly recommend especially with NH and MA DUI/OUI. Worth the money!

If you need to hire a personal injury attorney…

Posted on

If you’ve been injured in an accident due to someone else’s careless or reckless actions, you will probably have the right to file a suit to collect damages for your pain and suffering, lost wages, medical bills and other related expenses. Depending on the severity of your injuries, the stakes could be quite high, with large sums of money attached, so you will need to hire the best possible personal injury attorney to represent your interests.

There are several talented and experienced lawyers you can choose from, and so the task may be a bit daunting up front. To help you make that all-important decision, here are some things to look for as you start your attorney search.

Specialized skills. Personal injury law is vast and there are many attorneys who do nothing except work on very small niches, making them experts in their one small and specialized area of the law. Some attorneys may focus only on car and truck accidents. Others may specialize in boating or construction site accidents. Still, others may focus on premises liability. To give you the best possible advantage, try to find an attorney who has demonstrated specialization that closely matches the circumstances of your particular case.

Experience. You will want to find an attorney who has many years of experience and can draw upon his or her past successes and apply them to give you an edge in your case. You want to see a track record of success in winning cases, and you’ll also want to find an attorney who has experience in seeking levels of compensation similar to what your case might be worth.

An expert negotiator. The vast majority of personal injury cases never reach a judge and jury. Most are settled in advance, sparing all parties the costs and stress of going through a trial. Because that’s the case, you want an attorney who can demonstrate a high level of proficiency when it comes to negotiating the terms of a settlement in cases like yours. However, your attorney must also be ready to go the distance and take a case to trial if negotiations stall or the other side is being unreasonable.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Not Guilty Verdict MA OUI Charge

Posted on

Driver pulled over by police for speeding and marked lanes violations. Police allege he fails to stop immediately and then performs poorly on field sobriety tests. Driver tells police he suffers from Vertigo which causes him to have balance problems. Post arrest breath test of .14 set to be challenged due to driver’s Gastro-esophogeal reflux disease (GERD). Breath test evidence exclude by defense challenge to scientific reliability of breath test device and calibration protocol. Not Guilty verdict following trial. Lifetime lookback consequences of Melanie’s Law avoided.

Not Guilty Verdict MA OUI Charge

Posted on

Police respond to report of possible intoxicated driver at State campground. Police arrive as driver is heading towards exit after refusing to pay entrance fee for facility, which is gated. Police stop driver and put him through field sobriety tests. Defense excludes statement of driver that he was drinking “Iced Tea” from cup found in center console. Not guilty verdict following trial. Prosecution cannot establish when the driver consumed alcohol. Lifetime Lookback consequences of Melanie’s Law avoided.

NH DWI Charge Dismissed

Posted on

Police respond to single car accident on highway. Driver reports crashing in to Jersey barrier in order to avoid a deer in the road. Police doubt his story and request field sobriety tests in light of his admission that he had a “few drinks”. Driver refuses medical treatment, agrees to field testing and is arrested. He refuses post arrest breath test. Defense provides prosecution with medical records documenting concussion from crash. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

Posted on

Driver stopped at Roadblock. Police note odor of alcohol and glassy/bloodshot eyes. Driver admits to having a few beers in Boston before driving home. Driver arrested following one -leg stand and walk and turn test. Post arrest breath test results of .19 exluded by defense challenge to scientific reliability of breath test device and calibration protocol. Defense further offers medical records to establish existence of hip injury mentioned by driver during field sobriety tests. Not Guilty Verdict following trial.