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.
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.
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.
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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.
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