DWI/DUI Defense: Attorney Christopher Wells

It is not illegal to drink and drive; it is illegal to be impaired and drive. There is a very real and important legal difference. Despite popular belief, many arrests for DWI do not result in a DWI conviction. An officer may have enough evidence for an arrest, but that does not necessarily mean there is enough evidence for a conviction, or the officer may have done something wrong or violated your constitutional rights. Many cases are won at trial or reduced to a lesser charge, with significantly less consequences!

DUI charges can have substantial effects on your life and your freedoms. The consequences include fines, license suspension, incarceration, court mandated alcohol programs, insurance rate increases and potentially a loss of employment.

At Sheldon, Davis, Wells & Hockensmith, P.C., we have helped hundreds clients in Cheshire County and New Hampshire through DWI charges. If you are stopped by a police officer — don't panic! Keep these five things in mind to minimize your chances of getting in trouble.

5 Keys To A Successful DWI Defense

1. You Are Only Required To Produce Your License And Registration

If an officer asks you about where you've been or where you're going, if you have been drinking, or requests that you take a pre-arrest sobriety test, you have the legal right to not answer any questions or participate in any way. You are only required to provide your license and registration. If you are asked any other questions, you can politely respond with "Officer I do not care to discuss that" or "No I am not willing to do a sobriety test."

Even if you are arrested, you can still refuse to take any post-arrest sobriety tests, including a breath test. Refusal at this stage may result in a license suspension, but is still better than having your license suspended due to drunk driving. If the state has that evidence against you, you may face conviction.

2. You Have The Right To Remain Silent

You must provide basic information to proceed, including your name and address. But you are not required to answer any questions on alcohol consumption, nor anything that may be used against you. Do not waive these rights, and do not say anything you don't have to until you've spoken to an attorney.

3. The Legal Limit For Adults Is 0.08 — For Minors It's 0.02

You may not feel the effects of alcohol consumption, but the legal limit is fairly low. Only take a chemical test (breath/blood/urine) if you are absolutely sure you are below the legal limit. And if you do take a test, immediately go to the hospital upon your release to get a second blood test.

4. Always Be Cooperative And Courteous

No matter how frustrated or overwhelmed you may be, always be courteous, and polite to any officers or state officials. Being combative will only hurt your efforts down the road.

5. Consulting In An Attorney Can Save You Time And Money

There is no substitute for an experienced, effective and proven criminal trial lawyer. Attorney Wells can help you avoid any charges at all, can investigate your case to determine if there were any missteps taken by law enforcement or if you have a valid defense, and guide you through the system.

At Sheldon, Davis, Wells & Hockensmith, P.C., we are more than just good lawyers — we understand the medical, physiological and psychological effects of alcohol on the body. Our attorneys have extensive knowledge on alcohol testing equipment, the science of standardized field sobriety testing and the complexities of New Hampshire DWI laws and statutes.

Do not wait to speak to an attorney if you are facing a DUI or DWI charge. Call our firm in Keene today at 603-876-6474, or contact our office via email.