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Concord woman arrested on alleged 2nd drunk driving offense

The punishment for a drunk driving offense increases in severity when certain factors are present. One of those factors is repeat offenses. A second conviction for drunk driving in New Hampshire will carry a minimum of 10 to 37 days of incarceration, depending on the age of the prior conviction.

A more recent second offense will be treated more harshly than an older second conviction. In addition, a second offense carries a license suspension of three years and other increased penalties. The sentencing judge may also require the offender to submit to random alcohol tests as well as to participate in certain special rehabilitative programs.

A Concord woman may be looking at these consequences after her arrest on drunk driving charges on June 18. She reportedly has a prior conviction for the same offense on her record. In New Hampshire, the fact of a second offense is reflected in the charge, and the woman was charged accordingly with DWI – subsequent. The arrest was precipitated by numerous 911 calls about an erratic driver whose vehicle kept drifting into the opposite lane.

The defendant needs to consult with a criminal defense attorney who has experience in DWI defense work. The intricacies of the drunk driving laws create several scenarios where defense counsel may be able to assert a successful defense. In addition to factual discrepancies there are constitutional demands on police procedures.

A criminal defense attorney with experience in defending New Hampshire drunk driving cases may therefore obtain an acquittal or reduced charges in some cases. In this case, whether the woman was guilty of drunk driving is something that remains to be proved. The prosecution must prove each element of the crime beyond a reasonable doubt before the defendant may be exposed to the enhanced penalties described above.

Source: Concord, NH Patch, "Concord Woman Arrested on Second DWI", Tony Schinella, June 19, 2016

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