Holiday DWI

Too Much Eggnog

While we, here, at Normand | Higham encourage responsible drinking over the Holidays, even good people with good judgment get stopped for DWI. It is not illegal to drive after drinking. However, in New Hampshire, all the State has to prove is that you are impaired to any degree or that your blood alcohol level is a .08 or greater.

If you are stopped and you have reason to believe you are above the legal limit or impaired to some degree, you should refuse to answer any questions (other than providing your license and registration) or take any tests, and call a lawyer as soon as possible. This may result in your arrest (at which time you may answer routine booking questions) and/or administrative penalties but it will most likely place you in a much better position in the long run. If you know you are below a .08, by all means take any tests offered. NH is the only state in the country that requires a preserved second sample that can be tested by an independent lab. So the chance of an inaccurate result is low.

Bottom line: If you drink too much eggnog, call a lawyer ASAP.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.