The court procedure for any of the DWI crimes (Driving while intoxicated, DUI, driving under the influence, DWI first offense, DWI subsequent, and aggravated DWI), is more complicated than that of typical crimes. Besides facing criminal penalties, you are potentially subject to you a loss of license. Accordingly, you will likely need experienced representation at an administrative license suspension (ALS) hearing with the department of motor vehicles. Attorney Hynes has experience handling many types of matters at administrative license suspension hearings.
You are also looking at a potential license loss if you are charged with:
- Reckless Driving
- Negligent Driving
- Possession of Alcohol in a Motor Vehicle
- Possession of Alcohol by a Minor
- Possession of Drugs in a Motor Vehicle
- Habitual Offender
- Any motor vehicle violation if you are under the age of 20
If you refuse to give a blood or breath test after you are arrested for DWI, you WILL lose your license for 6 months for a first offense, or for 2 years for a second offense if you do nothing. Further, this loss of license will be in addition to any loss of license if you were to be found guilty of the dwi in the criminal case. Your license will automatically be suspended 30 days after the date of the refusal. You are entitled to a hearing before your license is suspended and the State must prove certain things. See ALS for more details.
If you provide a breath or blood sample that is .08 or higher after you are arrested for DWI, you WILL lose your license for 6 months for a first offense, or for 2 years for a second offense. Your license will automatically be suspended 30 days after the date of the over the limit result. You are entitled to a hearing before your license is suspended and the State must prove certain things. See ALS for more details.
DWI is considered a major violation in regard to the Habitual Offender laws of NH. NH has tough laws against drivers who commit traffic violations, and as few as 3 violations can make you a habitual offender. Habitual offender status has harsh penalties including extensive loss of license, and mandatory jail time if you operate a motor vehicle while you are a habitual offender. See Habitual Offender for more details.
After any license suspension is dealt with, you still must face criminal penalties for DWI, if found guilty. DWI offenses range from Class B misdemeanors to felonies. They all carry mandatory loss of license as a sentence as well as a mandatory fine of at least $620. In addition there may be other requirements such as taking a drunk driving class, (IDIP), which costs a few hundred dollars, and possibly an interlock ignition device. See Penalties for more details. These penalties will only come into play IF you are found guilty, or plea to an offense. It may be in your best interests to obtain a lawyer. Attorney Hynes is an experienced criminal defense lawyer who focuses a substantial amount of his practice on DWI offenses.
You have the right to a hearing before any administrative license loss! Attorney Hynes has experience at these hearings and can help you keep your license. You usually have to request a hearing within a certain time frame or you lose your right to the hearing.