New Hampshire DWI Law Includes Medications
New NH DUI/DWI Law
NH Governor John Lynch recently signed a new bill into law which can lead to a DUI or DWI conviction for drivers who take prescription and over-the-counter drugs. The bill also includes any chemical substance that impairs a person's ability to drive.
Prescription and over-the-counter drugs are a part of everyday life in America. People take medications in order to live a healthier and happier life. Prescription drugs bring many benefits when take properly, and according to the doctor's orders. Doctors today are prescribing more drugs than ever before, and it does not look like that will end soon.
Driving while impaired is taken very seriously in New Hampshire, with specially trained Drug Recognition Experts (DREs) looking for signs of drug impairment. These DREs are trained to utilize a 12-step procedure to investigate the cause of the alleged impairment.
Any substance or drug-whether prescription, over-the-counter, or illegal-that can affect the mental or physical abilities of the driver to safely operate a motor vehicle potentially falls into the drug category. Numerous prescription and over-the-counter medications have explicit labels that direct the user to avoid driving or using heavy equipment while taking the medicine.
Some drugs can even alter a person's judgment, create tremors, reduce muscle strength, impair coordination, or create confusion. Other prescription drugs can increase the effects of alcohol, making it more likely that the driver will be impaired by alcohol consumption. Many New Hampshire citizens take prescription and over-the-counter drugs every day, and using any substance that causes these side-effects can lead to a DWI conviction.
Beating a DWI Conviction
If you are arrested for driving while intoxicated, it is important to remember that you can still fight the charges. Determining whether a driver is under the influence of a drug is much more difficult than in the case of driving under the influence of alcohol. An officer may use a breathalyzer to measure for the level of alcohol in the blood, but no such device exists for drugs.
While New Hampshire does employ DREs, they are not trained medical personnel. The officers must essentially rely on conjecture and guesswork. Drivers charged with a NH DUI for drugs will also face the challenge that drugs can remain in the system for days, or even weeks, after use.
With the increased focus on prescription and over-the-counter drugs after the signing of this bill, it would be a good idea to carry a prescription for any drugs being taken, in the event of a police stop. In addition, it is important to try to remain calm during a traffic stop, because it is easy for an officer to mistake anxiety for drug use.
Governor John Lynch also signed a bill requiring New Hampshire DWI arraignments occur within 14 days of the violation. The signing of this bill will likely lead to an increase in the speed that DUI and DWI cases progress. All of this increases the importance of having professional help as soon as possible.
NH DWI Attorney Ryan Russman is a tireless defender of individuals arrested for DWI or drunk driving in New Hampshire. Learn more about his practice at http://www.RussmanLaw.com. If you are seeking a Portsmouth, NH DWI Attorney or an Exeter, NH DWI Attorney, contact Russman Law Offices for a free consultation.
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