Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@byebyedwi.com 		Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals.

ALS CASE OF THE WEEK –WEEK OF JANUARY 9, 2007
DWI CASE EXAMPLE: 2 YEAR SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .14 RESULT ON A BLOOD TEST

Sponsored by ByeByeDWI.com


Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guaranty of any particular result in any other case.

BASIC FACTS: The defendant was involved in a single car accident.  After the usual series of questions, observations of red bloodshot eyes, odor of alcohol and slurred speech the officer asked the defendant to perform the series of sidewalk gymnastics known as “field sobriety tests”.  The defendant agreed to take a blood test.  The officer took her to a hospital where medical personnel took the defendant’s blood out of her arm.

The alleged test results came back a .14, over the so-called limit of .08.  The state then sought to suspend the defendant’s driver’s license for 2 years due to a prior DWI.  The defendant then received a letter from the department of safety advising that her license would be suspended for allegedly failing the blood test.  The defendant elected to hire Attorney Stevens to challenge the administrative license suspension at a hearing at the Department of Safety. 

HEARING PROCEDURE:  Attorney Stevens requested a hearing on the defendant’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the law and the rules allow regarding the blood test.  After a thorough reading of the paperwork regarding the blood test, Attorney Stevens discovered that some of the state’s documentation regarding the defendant’s blood test had a different defendant’s name on it.  The defendant’s administrative license suspension was dismissed after the hearing because the state had failed to prove conclusively that it was even the defendant’s blood.

The hearings examiner dismissed the administrative license suspension.

RESULT:       DISMISSED!!!   The defendant’s right to drive pending trial was restored immediately.  She did not suffer 2 year administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!





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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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