Nashua DUI Lawyer Explains The Glitch in NH Breathalyzer Certification Testing

Should I Have Been Arrested and Convicted of DUI in NH?

If you have been charged and convicted with DUI in the state of New Hampshire, you may have been falsely arrested.

It was revealed recently that a computer glitch affected the accuracy of the breathalyzer certification test results of at least 64 law enforcers in New Hampshire. While these officers passed the online test, the results were deemed questionable because the glitch “ignored” wrong or skipped items and passed them off as correct answers. A list of the 64 affected enforcers was recently by the office of the Attorney General. Some of the false-positive results date back to 2013.

New Hampshire police officers have to undergo annual re-certification training and testing in order to be up to speed on DUI laws and enforcement policies. Training includes the proper operation of the breathalyzer, a gadget that detects and estimates a suspect’s BAC through vapors released by his breath. The certification test is crucial because it is supposed to determine if the officer can competently use a breathalyzer which could lead to arrest and conviction of a suspected motorist for DUI.

Over 100 Pending DUI Cases in NH

Unfortunately, many of these officers have already apprehended and charged some motorists with DUI. There are about 100 pending DUI cases in the state, and at least a few of the officers have booked more than one DUI case.
But while the online certification test invalidates the capacity of these officers to conduct sobriety tests, it does not in any way disqualify them from performing their main duties. Nor does it affect the personal credibility and track record of each officer.

As a corrective measure, the affected officers will have to undergo another examination. But this time, they will do the test the old non-online way. Results are to be manually checked to ensure accuracy. And the online test system has since been junked.

This fiasco has strong implications on the more than 100 pending DUI cases in the state. The New Hampshire Association of Criminal Defense Lawyers wants these pending DUI cases to be properly identified, so that they may be eligible for do-overs and possible dismissal.

DUI Penalties

Consequences of a typical DUI case are heavy and severe, even for first-time offenders. Convicted persons need to pay large fines, serve jail terms, and lose their privilege to drive. But if defense attorneys are able to prove that their clients went through incompetent or flawed legal processes, that could spell the difference between a true convictable DUI case and a moot one.

Field Sobriety Tests

Roadside sobriety tests, particularly breathalyzer tests, have often been criticized by defense attorneys and their clients as inadequate, inaccurate, and therefore unreliable proof of intoxication. Even more so if the one administering these roadside tests was unqualified in the first place.
Were You Arrested and Convicted for DUI?

People who have been charged and convicted with DUI in the state are urged to consult a DUI Attorney in NH to check if their arresting officers were part of the 64 who took the flawed test. Reversal of the DUI charges will mean a reprieve from having to pay huge fines and legal consultation expenses, the reinstatement of their driving licenses, and recovery of their impounded vehicles.