How Can The Police Find Out Whether A Driver Is Under The Influence?

Mon, 04 Jun 2007 21:51:22 GMT

Police typically use three methods of determining whether a driver has had too much to be driving:

Observation. A police officer will pull you over if he notices that you are driving erratically swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heeltotoe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
Bloodalcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test others do not. If you test at or above the level of intoxication for your state (.08 to .10 % bloodalcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.

Do I Have To Take A Blood, Breath Or Urine Test If Asked To Do So By The Police?

Tue, 29 May 2007 21:19:00 GMT

No, but it may be in your best interests to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Drunk Or High Does Someone Have To Be Before He Can Be Convicted Of Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk"?

Is Driving Over The Speed Limit A Crime?

Tue, 29 May 2007 21:19:00 GMT

Traffic violations can be felonies, misdemeanors, or infractions. Felonies and misdemeanors are crimes, but infractions are usually not thought to be part of the criminal justice system. Driving over the speed limit is usually classified as an infraction in those systems that use the infraction category and as a minor misdemeanor in those systems that do not. If driving over the speed limit is classified as a misdemeanor, it is technically a crime, but often such crimes are excluded from consideration in a person's criminal record. Whether speeding is an infraction or a crime, it is usually punished by a fine. A common scheme is for the fine to increase in proportion to the amount over the speed limit for which the ticket is written. Most jurisdictions tell the speeder the amount of the fine right on the ticket and often give instructions for pleading guilty and paying the fine by mail. The offender may have to pay a special fee to get a trial on the ticket and may not be entitled to a jury trial.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unloaded firearms are permitted in the vehicle. Firearms are not required to be cased.
Studded tires are permitted.
Tire chains are not required.
New Hampshire does not have a seat belt law.
New Hampshire has a mandatory child restraint law for passengers under 13 years of age. Children under age 4 must use approved car safety seats.
New Hampshire has a mandatory motorcycle helmet law for persons under 18 years of age.
Registration must be carried in the vehicle. Insurance card is not required to be carried in the vehicle.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Financial responsibility law. Securitytype law applicable in the event of an accident causing death, personal injury, or property damage exceeding $1,000. New Hampshire also has a future prooftype law requiring motorists to show financial responsibility after the conviction of certain serious traffic offenses. Minimum limits: $25,000/50,000/25,000 and $1,000 per person for medical and $25,000 for uninsured motorists.

What Are The Speed Limits In New Hampshire?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute
The 65 mph speed limit
Prima Facie
All the lower limits
Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential Urban 30 mph
Residential Rural 30 mph

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $1,000 must be reported immediately to the local authorities and (if the accident is not investigated by the authorities) within 15 days in writing to the Director, Division of Motor Vehicles, Financial Responsibility, Hazen Drive, Concord, NH 03305.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI *Yes
*On appeal