NH DWI Charge Dismissed

September 4, 2018

Category: DUI Case Results

Police begin to follow driver after witnessing his car strike a curb stone along a snow covered city street. Police also note the car’s rear window is completely covered in snow. Driver admits to drinking and presents with odor of alcohol, slurred speech and glassy/bloodshot eyes. Inclement weather forces field sobriety tests to be done under awning to avoid accumulated snow. Defense prepared to argue post arrest breath test refusal cannot result in negative inference because implied consent warnings were incomplete. Defense prevails at ALS/DMV hearing on this issue. DWI charge dismissed prior to trial.