DWI in New Hampshire
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An arrest and/or a conviction for DWI bring(s) heavy consequences in the state of NH. Apart from the risk of causing injury to yourself and others, the total financial burden of lawyer’s fees, fines, court costs, and elevated insurance premiums often totals $10,000 or more. You will lose your license for an extended period of time. If your job involves driving or professional licensure, you might get suspended, disciplined, or fired. With all that’s at stake, you should never drink and drive. If you’ve been arrested for DWI, you should contact an experienced criminal attorney to evaluate your case. A professional who specializes in DWI law may be able to negotiate a reduced sentence or get your case dismissed at a preliminary hearing if the evidence is weak or the police failed to observe proper procedure.
If you have a BAC of .08 or above, you’re too impaired to drive. The state of NH treats DWI as a serious crime. A conviction for a first offense comes with a minimum $500 fine, mandatory alcohol treatment/impaired driver counseling, and a license suspension for up to two years (the judge may suspend six months of the suspension for first-time offenders). A second offense carries a mandatory jail sentence of no less than ten days, a two-year loss of license, and the possible installation of an ignition interlock device in your vehicle. If your second conviction occurs within two years of the first, you may be facing a thirty-day jail sentence.
Certain aggravating factors may lead to increased penalties; drivers that blow a BAC (blood alcohol content) higher than .16 (twice the legal limit), operate a vehicle with a child under 16, or cause an accident resulting in serious injury will be charged with Aggravated DWI, a class A misdemeanor. Convictions for Aggravated DWI involve mandatory jail time, usually ten days for a first offense.
If you refuse to take a breathalyzer test at the police station or county jail, you will face a minimum 180-day license suspension.
There are two separate procedures for license suspension in NH. The police officer at the scene will confiscate your NH license at the time of arrest. At this stage, the NH Department of Safety imposes an administrative license suspension. Your license will come under administrative suspension immediately regardless of the outcome of the criminal case. An administrative suspension lasts from six months to two years, depending on the perpetrator’s criminal history. You can appeal this suspension within thirty days, but it’s very difficult to get this overturned.
A criminal conviction for DWI carries another, separate license suspension. Usually you won’t have to serve both the administrative and criminal license suspension. They will cancel each other out . This is not the case if you refused to take a breathalyzer test at the time of arrest. In the event of conviction for a refusal, you will forfeit your license for the total duration of both suspensions.
A DWI conviction may harm your employment prospects. Employers in the fields of health care, education, transportation, etc. may refuse to hire a person with a DWI on their record. In light of these complications, NH permits DWI offenders to apply to reduce their DWI from misdemeanor status to a violation a year after conviction. A judge will evaluate the offender’s progress in treatment and subsequent driving record in making this determination.
If you get a DWI in NH, you should contact legal counsel to help minimize the damage to your future. Call for a consultation and see what a professional has to say about your case.
Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.
