Frequently Asked Questions
Q. Can I do this myself?
A. Only if you can take out your own appendix. The system is complex. Not only do you face court, but a DMV administrative process that works independently of and parallel to the court system. The laws change in this area almost every year, and they do not favor those who have been convicted of DWI. The long-term consequences of a conviction are becoming more and more severe. I have been trying these cases since 1985 in a practice limited to DWI and Criminal Defense; it is worth your time to explore your options through an initial interview.
Q. Can I get a drive-to work license?
A. Drive-to-work licenses and other watered-down forms of license suspensions are not available in the State of New Hampshire. However, in Maine, privileges can often be restored early for the purpose of getting to and from work.
Q. Does it matter that I wasn’t read my rights?
A. Generally speaking, in order for your Miranda rights to attach, you must both be under arrest and under interrogation simultaneously. Like most areas of the law, the questions of when and whether an individual is under arrest and what constitutes “interrogation” for purposes of Miranda are constantly being litigated.
Q. Should I have taken the breath/blood test?
A. Generally speaking, the test works against you, though it does lessen the consequences of the Administrative License Suspension. Just because a test was done, whether breath or blood, does not necessarily mean it will be admissible in court. There are a number of rules and procedures which must be followed in order for these samples to be used as evidence.
Q. I think I should just go in and plead guilty. What can you really do for me?
A. There is no point in not consulting an attorney. What may seem obvious to you may look entirely different through the lens of knowledge and experience of an attorney with a 34-year history of defending these cases.