Case Conclusion Date: January 7, 2011
Practice Area: DUI / DWI
Outcome: Administrative License Suspension Dismissed
Description: The driver in this case was stopped for allegedly speeding, going only a few miles per hour over the speed limit. After the arresting officer asked him to get out of his car, this driver agreed to be subjected to a series of roadside gymnastics known as â€œDWI field sobriety testsâ€. At the station he agreed to provide evidence against himself by blowinjg into the old rubber breath test hose at the police station. The â€œresultâ€ from the breath hose was a .10, slightly higher than the .08 â€œper seâ€ level under New Hampshireâ€™s DWI laws. The driver later received a suspension notice letter from the New Hampshire DMV because of the alleged breath test results. The notice said that his driverâ€™s license would be suspended for 180 days for cooperating with the police and blowing into the breath testing hose. This driver contacted Attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this lengthy suspension. Attorney Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action. At the hearing, the state did not prove that it complied with New Hampshire's administrative rules on breath testing, which are found in the Department of Safety Administrative rules. The citizen's suspension was dismissed and he was driving by the end of the date of the hearing.