New Hampshire DWI Defense Books
The N.H. DWI GUY is the author of two books on New Hampshire DWI. One is for drivers accused of DWI, and the other is for defense lawyers defending people accused of DWI.
He has also published the guide "DWI DEFENSES THAT WORK"
Drunk Driving & Drugged Driving Defense in New Hampshire
(Client Edition)
This guide to New Hampshire DWI is available for free to all clients upon request.
Updated 2013 edition to address the new 2013 New Hampshire DWI Laws & Penalties:
Table of Contents
1. New Hampshire DWI Laws
2. Implied Consent Statute
3. Administrative License Suspension Hearings
4. New Hampshire DWI Penalties
5. What to do when Arrested
6. Tips to not get arrested
7. From Arrest to Trial
8. Alcohol Information
9. DWI Alcohol
10. DWI Drugs
11. Chemical Tests (Breath, Blood, Urine) & Defenses
12. DWI Defenses
13. Expert Witnesses
14. How to pick a DWI Lawyer
15. Once you have hired a lawyer
Drunk Driving & Drugged Driving Defense in New Hampshire
(Criminal Defense Lawyer Edition)
A 300 page how-to manual on Drunk Driving & Drugged Driving Defense in N.H.
This DWI Manual is only available to defense lawyers.
Price: $250. Contact Attorney Hynes at (603) 674-5183 to place an order.
Table of Contents
1. New Hampshire DWI Laws
2. Implied Consent Statute
3. Administrative License Suspension Hearings
4. New Hampshire DWI Penalties
5. Sentencing & Collateral Consequences
6. Appeals & Vacating a Plea
7. DWI Criminal Procedure
8. Alcohol Information
9. DWI Detection of Alcohol
10. DWI Detection of Drugs
11. Chemical Tests (Breath, Blood, Urine) & Defenses
12. DWI Defenses
13. Trial Tactics
Excerpt from my book on how to choose a DWI lawyer:
There are many considerations that come into play in picking a DWI lawyer. I do not believe there is such a thing
as a best lawyer, as there are so many factors to take into consideration. However, I think certain factors may help
you find a lawyer best fitted to your needs and situation.
Practice focused on DWI
A lawyer only needs a law license to defend someone charged with DWI. In my belief, DWI is the most
complicated type of misdemeanor crime there is. To properly defend a DWI charge, the lawyer must have
knowledge of the rules of criminal procedure, evidence, know about motions to suppress, stay updated on the law
and cases regarding DWI, have knowledge of Field Sobriety Tests, and knowledge of science including how
blood and breath is analyzed by the crime lab. Because of all the work it takes to become very knowledgeable in these
areas, certain lawyers decide to focus their practice on DWI defense, meaning at least half of their cases are DWI
related. Some lawyers who handle many DWIs also do other areas of law, in particular criminal defense.
Cost & Fee structure
Good DWI lawyers are expensive. You can expect to pay
around a few thousand dollars for a first offense DWI. But,
they are expensive for a reason.
All fees must be reasonable. According to the New
Hampshire Rules of Professional Conduct, a fee in a
criminal case can be based upon:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform
the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude
other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services.
Contingent fees are not allowed. This means the lawyer cannot charge you one price for winning, but a different
price for losing your case. I typically charge a “flat fee” to handle the entire criminal case and the administrative license suspension hearing. This means you will know at the outset exactly how much representation will cost. Other things, such as expert witnesses, the client will typically be required to pay in addition to the flat fee.
Some lawyers will allow payment plans, and some will give discounts for cases paid in full at the time of retaining
the lawyer. Attorney Hynes accepts credit cards, and installment plans on a credit card to finance the case.
To me, a lawyer who is a lot cheaper than others, sets the cost that way for a reason. Maybe he is just getting started
out and is looking for experience, or perhaps he just handles cases by volume and might not be able to devote as
much time to each case.
On the other hand, the most expensive lawyer is not necessarily the best. Some lawyers have a substantial
overhead. With expensive office space, paralegals, other lawyers/partners in the firm, advertising, etc. a small firm
can easily spend $100,000 annually on those things. This cost obviously must be passed on to the client.
Feel free to ask the attorney you are considering hiring why he or she feels the fee they charge is appropriate.
Caseload
A caseload is the amount of open cases/clients the lawyer presently has. On average I will typically be handling
around 15-25 open DWI cases. Some lawyers will handle many more cases across all practice areas, which I believe
negatively affects the amount of time the lawyer can devote to each case and client. Further, some lawyers will not
handle many DWI cases, which might also affect the outcome.
Will the Lawyer Handle the Case Himself?
You may want to know which aspects of the case the Attorney you are hiring will be handling. Will a paralegal
do some of the work, or will other lawyers? It may not matter to you, or it might. Just be clear and ask up front so
you know what you are getting.
Understands the Area of DWI?
You want to know if the lawyer has a complete understanding of the area of DWI. If he cannot explain the
process to you, as well as potential or likely outcomes, he may not be the best lawyer for you. Certainly, there are
questions that are novel and will not have an answer, but if the answer to most of your questions is that the lawyer does
not know, perhaps you need someone more knowledgeable.
Feel free to ask your lawyer questions.
Reputation
What is the reputation of the lawyer you are looking to hire. Some lawyers may have a reputation of just getting plea
offers on all, or almost all of the cases. This will likely lead to the prosecutor not making offers as good as ones to
lawyers who will go to trial and refuse bad offers.
On the other hand, a lawyer with a good reputation can often get more favorable plea offers. The prosecutor can
sometimes get an idea of what they are up against based upon who they are up against.
Previous Success in Similar Cases
Again, a lawyer cannot guarantee a certain outcome, and just because a lawyer won one case does not mean you will
get the same outcome. On the other hand, I believe a lawyer who has a record of getting DWI dismisses, and
winning cases at trial can be an important factor to consider.
If you have a high breath or blood result, ask the lawyer if he has received a not guilty verdict with a result as high as
yours. Attorney Hynes has won cases where a breath test was over 0.30.
Experience
While experience does not necessarily equate to competency, I like to think the lawyers who have been
doing something for a while have become good at what they do, and have had most issues come up already so that
they know how to handle them.
Training
The field of DWI encompasses many types of science (or junk science). Accordingly, there are training classes with
certifications available for lawyers serious about DWI defense.
Some of the N.H. DWI GUY’s specific training includes:
IACP/NHTSA Drug Recognition Expert (DRE)
Course Overview. This Course fully explains the 12 steps that are supposed to be involved when a DRE
investigates someone for driving under the influence of drugs. If you have been charged with
DUI Drugs and the officer did the 12 step evaluation on you, it is imperative the lawyer knows
what is supposed to be done and knows the limitations to the program.
Even if your case is not a drug case, if the arresting officer is a DRE, your Attorney can use this information to better
cross examine the officer on what he did or didn’t do.
Standardized Field Sobriety Testing Certification
Student Course (NHTSA Course) - This is the class that police take in order to be able to administer
field sobriety tests. It is necessary that an officer have this training before giving field sobriety tests.
Attorney Hynes passed this course with a score of 100% and is certified to administer FSTs.
Standardized Field Sobriety Testing Certification
Instructor Course (NHTSA Course) - Not only is the DWI GUY certified to administer field sobriety
tests, he is certified to train others to administer the tests. DWI GUY has completed the NHTSA 40
hour class to effectively administer and instruct the SFST practitioner training course curriculum.
Owner/ Operator of Alco Sensor FST PBT - This is the newest version of the portable breath test
machine offered by Alco Sensor. It is used by many police departments throughout New Hampshire. By
understanding, owning, and testing this machine, Attorney Hynes fully understands its accuracies and
limitations. Attorney Hynes is a certified Supervisor & Operator of this machine.
If you gave a Breath Test, Does the Lawyer Own the Same Breath Machine that the Police Used on You?
Attorney Hynes is an Owner/ Operator of a working Intoxilyzer 5000EN- This is the breath machine presently
in use throughout New Hampshire. If you were arrested for DWI and gave a breath sample at the police station, you
used an Intoxilyzer 5000. Attorney Hynes can use his Intoxilyzer to go over with you exactly what the officer did,
and had you do, so that he can fully evaluate whether the police properly obtained a breath sample from you.
Be Wary of Lawyers who Talk Badly About Competition
You might want to be wary of lawyers who talk badly about the competition. Certainly, there are lawyers who I
would not recommend a client use. However, there are many other DWI lawyers that I highly respect that I would
refer a client to if they were not going to be able to or want to retain my services. If a lawyer speaks negatively about
another lawyer, you may want to question whether he is doing it just because he needs to get enough new clients to
pay the bills.
Has the Lawyer Written a Book on DWI?
There are a few lawyers in New Hampshire who have written a book, or at least a chapter of a book on DWI. I
would recommend any one of them as a qualified, knowledgeable lawyer, who is respected in the community.
Willing to go to Trial or is the Lawyer a “Dumptruck”?
Some lawyers will simply plea every, or almost every case, to the “minimums” and sell this as the best deal. In certain
circumstances the mandatory minimum sentence might be the best offer. However, many cases are triable and can be
won at trial. If a lawyer is constantly accepting any offer by the prosecutor for the minimums on a DWI conviction, the
prosecutor has little incentive to reduce the charges, which would be a better outcome for you. Alternatively, the
lawyer may not want to go to trial at all, and may convince you to plea to an otherwise winnable case.
What if you can’t Afford a Top / Great Lawyer, or Best Lawyer for your Situation?
Obviously, everyone wants the best lawyer for them. However, many people can’t afford the lawyer, or do not
want to pay that much. When this occurs, you might want to consider if the lawyer has other lawyers in his firm who
also handle DWIs. Often, they will be cheaper, and may be
a better fit for you.