The Tamayo Law Firm takes pride in representing individuals who are facing criminal charges, with a focus on drunk driving defense. At the Tamayo Law Firm we make private criminal representation possible, because we make it affordable. Unfortunately, many people don't understand how complicated a criminal charge is. This is especially true for drug and traffic related cases, such as DWI / OUI offenses.
For example, even if you're charged with what seems like a simple traffic offense, if the police stopped you illegally, then you can probably have the case dismissed. If the police conducted an illegal search, and as a result, discovered that you were in possession of illegal drugs, you may be able to have the case dismissed prior to trial. Even in difficult cases, the government is still required to prove that you committed the crime beyond a reasonable doubt, which is a very high standard.
An experienced attorney can evaluate your case and properly advise you on your rights and options.
For example, even if you're charged with what seems like a simple traffic offense, if the police stopped you illegally, then you can probably have the case dismissed. If the police conducted an illegal search, and as a result, discovered that you were in possession of illegal drugs, you may be able to have the case dismissed prior to trial. Even in difficult cases, the government is still required to prove that you committed the crime beyond a reasonable doubt, which is a very high standard.
An experienced attorney can evaluate your case and properly advise you on your rights and options.
Services
The Tamayo Law Firm represents individuals in criminal defense matters throughout New Hampshire and Northern Massachusetts, with an emphasis on DWI / drunk driving defense.
In Massachusetts, it's often referred to as an DUI or OUI.
What makes the Tamayo Law Firm different is the focus the managing attorney of the firm, Raymond Tamayo, Esq., has placed on drunk driving defense, which is a very technical area of criminal law, from both a legal and scientific standpoint.
Mr. Tamayo is a former prosecutor, with drunk driving jury trial experience.
In Massachusetts, it's often referred to as an DUI or OUI.
What makes the Tamayo Law Firm different is the focus the managing attorney of the firm, Raymond Tamayo, Esq., has placed on drunk driving defense, which is a very technical area of criminal law, from both a legal and scientific standpoint.
Mr. Tamayo is a former prosecutor, with drunk driving jury trial experience.
Under both NH DWI laws, and MA DUI / OUI laws, a person can be found guilty of drunk driving if they have a blood alcohol level of.08 or above.
For those driving on a Commercial Driver's License (CDL) it is only.04 or above, and if you're under 21 it is more strict, at.02 or above.
A drunk driving charge under NH DWI laws and MA OUI laws is based strictly on your blood alcohol level, and is sometimes referred to as a per se DWI (or per se DUI / OUI).
This basically means that the prosecutor only needs to prove that your alcohol level was at or above the legal limit, without having to show that you failed any of the field sobriety tests, or exhibited any other signs of being impaired by alcohol or drugs.
For those driving on a Commercial Driver's License (CDL) it is only.04 or above, and if you're under 21 it is more strict, at.02 or above.
A drunk driving charge under NH DWI laws and MA OUI laws is based strictly on your blood alcohol level, and is sometimes referred to as a per se DWI (or per se DUI / OUI).
This basically means that the prosecutor only needs to prove that your alcohol level was at or above the legal limit, without having to show that you failed any of the field sobriety tests, or exhibited any other signs of being impaired by alcohol or drugs.
As you can see above, the penalties for a NH DWI 1st offense are substantial.
Fortunately, the drunk driving penalties for a first offense, with no aggravating circumstances, don't include jail time.
You will still have a mandatory minimum $500 fine, minimum 9 month suspension of your driver's license, alcohol and drug screen, and DWI school.
In addition to the above penalties for DWI 1st Offense, the Court may impose additional alcohol or drug treatment, random urinalysis, and an ignition interlock.
Fortunately, the drunk driving penalties for a first offense, with no aggravating circumstances, don't include jail time.
You will still have a mandatory minimum $500 fine, minimum 9 month suspension of your driver's license, alcohol and drug screen, and DWI school.
In addition to the above penalties for DWI 1st Offense, the Court may impose additional alcohol or drug treatment, random urinalysis, and an ignition interlock.
Eligible Work / Education hardship license within 3 mo., Eligible General hardship license within 6 mo.
A first offense MA DUI (also known as a DWI or OUI) includes up to 2 1/2 years in jail, a minimum $500 fine, additional fees, and a 1 year suspension.
The only benefit to a plea of guilty to a MA DUI is that there is a hardship license available, as long as you did not refuse to take the breath or blood test.
However, as you will see with a continuance without a finding (or also commonly known as a CWOF), you may be able to get a hardship license faster with an alternative disposition.
A first offense MA DUI (also known as a DWI or OUI) includes up to 2 1/2 years in jail, a minimum $500 fine, additional fees, and a 1 year suspension.
The only benefit to a plea of guilty to a MA DUI is that there is a hardship license available, as long as you did not refuse to take the breath or blood test.
However, as you will see with a continuance without a finding (or also commonly known as a CWOF), you may be able to get a hardship license faster with an alternative disposition.
The jail time imposed for a second offense DWI in NH will depend on whether the 2nd DWI occurred within 2 years of the last DWI, or outside 2 years (but within 10 years).
If the 2nd DWI occurred within 2 years, then there is a minimum jail sentence of 60 days, and for a 2nd DWI outside 2 years it's 17 days.
For a 3rd DWI the minimum jail time is 180 days.
The Court will also require a full alcohol and drug evaluation, with the potential need for the completion of a substance abuse plan, and random unrinalysis.
If the 2nd DWI occurred within 2 years, then there is a minimum jail sentence of 60 days, and for a 2nd DWI outside 2 years it's 17 days.
For a 3rd DWI the minimum jail time is 180 days.
The Court will also require a full alcohol and drug evaluation, with the potential need for the completion of a substance abuse plan, and random unrinalysis.
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