Skip to main content

Can i beat an .09 on breatherlyzer in n.h.

Nashua, NH |

i was parked with engine running and lights on, one tire on curb.,in blow room cop ask if i had GERD, i said i don't know, he wrote no!! but my Doctor(pcp) said i've had it for several yrs and will write letter to effect!!!

Attorney Answers 4


In NH, if you are parked with the engine running and the lights on, you are considered to be "driving" for purposes of DUI because you have actual physical control of the vehicle.

If your BAC on the breath test was 0.09, you may have a chance to win your DUI case. You should contact an experienced DUI in NH to review your case. I am available at 603-434-4125 for a consultation.

Mark as helpful


As a general proposition, sure it's possible for a person to avoid a New Hampshire conviction of DUI involving a .09 breath test. Then again, it's also possible you might be convicted of DUI. You should consult with an experienced DUI attorney in your area who can review and assess the police reports, the breath test procedures, your medical history and other pertinent matters and make the best case for reasonable doubt. If you are going to beat the charge, that's how you'll do it.

Mark as helpful

2 lawyers agree


Yes, a person can win a DUI/DWI with a .09 result. It is far from certain, though. Someone has to explain to a jury how that result on that machine does not equal a guilty verdict. You need a DUI/DWI lawyer, now. You can lose your license before you even get to court and can lose it even if you win your case.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin

--- Facebook Page

--- Field sobriety "tests"

--- DUI/DWI/Drugged Driving with Prescription Drugs

--- Ten Days to Save Your License - Administrative Suspension and Refusals

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:

Mark as helpful


Not sure about New Hampshire law and I recommend calling a local DWI attorney.

In Missouri you would definitely want to fight this charge. You not only have a doctor stating you have GERD which can affect the BAC test, but I would look at the time you were stopped and the time you blew. If there was an hour or longer gap between the two, you may have been closer to .07 or less when stopped and would have a good defense of "rising blood alcohol". Meaning you were under the legal limit of .08 at the time you were stopped. Further more, in your case you were not operating the vehicle.

Call a good local DWI attorney to help you fight this charge against you.

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Mark as helpful

1 lawyer agrees

Traffic tickets topics

Recommended articles about Traffic tickets

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics