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Will an above limit breathalyzer test result always hurt my DWI defense?

Posted by Richard E. Clark | Feb 25, 2012 | 0 Comments

A. Many believe that when they test above limits on their breathalyzer test, they will automatically have no defense to a DWI, DUI, or OUI charge. This is incorrect. The science of breathalyzer testing is too complicated to explain in this blog. Certain procedures, timing and formal requirements must be followed before the prosecutor can effectively admit the use of the breathalyzer results in trial. A simple burp or lack of procedural timing may cause the test to be thrown out of Court.

We use our own expert to complete a second evaluation of the breathalyzer tubes. Sometimes the result is low enough that our clients did not test above the limits. In DWI defense it is essential to attack all elements of the crime.

For a free consultation on your NH or MA driving while under the influence charge, call Attorney Richard E. Clark at (603) 431-0009, or visit www.NHseacoastLawyers.com to view the free guide on DWI defense and DWI laws. Attorney Clark recently completed his updated DWI training at Harvard Law School.

About the Author

Richard E. Clark

Attorney in Portsmouth, Dover, NH and Newburyport, MA Attorney Richard E. Clark is one of the seacoast's most successful attorneys. He has effectively litigated injury cases and civil suits achieving multi-million dollar results. Richard is friendly, detailed and has no reservations arguing in Court, when it's in the spirit of justice. Attorney Clark is a NH seacoast native. After his father retired from the U.S. Army, they returned to their ancestral Rye Beach property. His grandmother of the Sawyer/Jenness family settled Rye Beach, NH and Haverhill, MA. Prior to practicing law, Richard owned several contracting companies for almost two decades. After graduating from Portsmouth High School in 1991, he persevered through a ten-year educational pursuit to complete his law degree, NH and MA licensure, while managing his businesses. Richard's reputation is known in the seacoast area as friendly, driven, aggressive and detail-oriented. Richard has always possessed a passion for work. He is continually strategizing about how to best resolve his client's dilemmas while achieving the best outcome. Attorney Clark was a private criminal contract defense attorney appointed to the Newburyport District Court from 2007-2011. He achieved the Commonwealth of Massachusetts certification in 2008. Attorney Clark is a member of the National College for DUI Defense, New Hampshire Association of Justice, Essex County Bar Advocates Criminal Defense, Rockingham County Bar Association, and the New Hampshire Bar Association. Mr. Clark is a graduate of the Massachusetts School of Law (2002) and Franklin Pierce College (1998). He is admitted to practice law throughout New Hampshire and Massachusetts, the United States District Court of NH, and the United States Court of Appeals for the Armed Forces.

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Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.