Get help from an New Hampshire DWI Lawyer or Attorney

Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing such a charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options.

What happens if I was arrested for DWI?
Under New Hampshire law, once you have been cited for violating the DWI statute, the state initiates two simultaneous, yet separate legal actions against you. The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the New Hampshire Department of Safety. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Administrative Hearing
Pursuant to New Hampshire law, an individual has 30 days to request a hearing from the Department of Safety. If you fail to request a hearing within 30 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Safety within 30 days.

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender will not face imprisonment unless there are aggravating factors.

Monetary Fines
The minimum fine for a first time DWI is $500.00.

Driving Privileges
A DWI conviction results in the revocation of driving privileges for a minimum of 9 months, and may be extended by the court for up to 2 years. The court may also suspend up to 6 months of the sentence, under the condition that the offender enter into the driver intervention program required within 45 days after conviction.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 180 days.

Reduction of Conviction
One year after date of conviction the offender may file a motion to reduce the DWI conviction to a violation. The court will consider the offender’s subsequent driving record, any evidence of drug or alcohol treatment, the hardship of having a criminal record, and any other factors the court deems relevant.

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04. A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license.

Alcohol Evaluation
Successful completion of an impaired driver intervention program is required for reinstatement of driving privileges. Additionally, the court may order that the offender attend alcohol and/or drug treatment and counseling.

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations. Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case. An experienced and competent attorney can guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.