DWI / DUI

DWI / DUI in New Hampshire

If you have been charged with a DWI in New Hampshire, you are facing serious consequences if convicted. Besides having a criminal record, and increased insurance, and fines, a conviction for DWI has mandatory license loss. On a first offense you are looking at license loss of 9 months up to 2 years. That can be in addition to a license loss for refusing to take a breath test.

DWI Penalties

Types of Aggravated DWI

Administrative License Suspension (Implied Consent Law)

DWI chrges are highly complicated and often the lawyers who handle many DWI cases will tend to focus on that area.

Attorney Hynes, the N.H. DWI GUY, has extensive experience and training to help you keep your license and be found not guilty. Dan Hynes has handled hundres of combined DWI trials and hearings with the DMV related to license suspensions from DWI related offenses, such as testing over the legal limit or refusing a chemical test.

Attorney Hynes' Training includes: Standardized Field Sobriety Testing Certification Student Course (NHTSA Course) , Standardized Field Sobriety Testing Certification Instructor Course, Drug Recognition Expert Training, Owner/ Operator of PBT (Portable Breath Test) machine, Owner of Intoxilyzer 5000EN; breathalyzer breath test machine presently used throughout New Hampshire.

Attorney Dan Hynes is one of only a few Attorneys in the entire State who has completed the 40 hour Field Sobriety Testing Instructor course. This course is designed for Police officers who train other officers on how to administer field sobriety tests. In all likelihood, Attorney Hynes knows these tests better than the cop who arrested you. Attorney Hynes only represents clients on DWI charges. It is 100% of his practice.

Call today to discuss your case: (603) 384-3264

 

New Hampshire Has some of the strictest DWI penalties in the country. Even for a first offense, if you are found guilty, there is mandatory license loss, and you will have a criminal record. Aggravated DWI, or subsequent (2nd offense+) DUI has mandatory jail time. It does not matter how compelling your reason is for why you cannot go to jail. The judge must sentence you to jail for at least 5 days, and it can be for up to a year.

As of January 1, 2013, NH has broadened the penalty for Driving under the influence of drugs. You can be convicted of DWI if your ability to drive was impaired to any degree due to any drugs, including valid prescription drugs, and over the counter medication such as tylenol. It is not a defense that the drug was lawfully prescribed.

The Following is a list of the Penalties for DWI in New Hampshire

First Offense:

Minimum $620 fine up to $1200

Minimum 9 month loss of license (If you enroll in the IDCMP alcohol program within 14 days, the judge may suspend 6 months of the license loss) up to 2 years loss of license

SR-22 Insurance for 3 years

Potential for Interlock Device (Where you have to blow into a machine to get the car to run). This costs around $100 a month.

Alcohol screening, potential alcohol evaluation, and a 20 hour impaired driving class. The cost of these are around $600+

 

 

Aggravated DWI:

 

Minimum $930 fine up to $2000

Mandatory jail time of at least 5 days up to a year in a jail

 

Minimum 18 month loss of license (If you enroll in the IDCMP alcohol program within 14 days, the judge may suspend 6 months of the license loss) up to 2 years loss of license

 

SR-22 Insurance for 3 years

 

Mandatody Interlock Device (Where you have to blow into a machine to get the car to run). This costs around $100 a month.

 

Alcohol evaluation, and a 20 hour impaired driving class. The cost of these are around $600+ and however much the aftercare costs

 

 

 

Second Offense:

 

Minimum $930 fine up to $2000

If the previous DWI was within 2 years, it is a minimum 30 days in jail, up to a year

If the previous DWI was between 2 and 10 years, minimum 5 days in jail up to a year

 

Minimum 3 year loss of license

 

SR-22 Insurance for 3 years

 

Mandatory Interlock Device (Where you have to blow into a machine to get the car to run). This costs around $100 a month.

 

Alcohol evaluation, and a 20 hour impaired driving class. The cost of these are around $600+

 

 

 

Third Offense and Up:

 

Minimum $930 fine up to $2000

Minimum Jail of 180 days of which 150 days can be suspended

 

Indefinite license loss (You may petition for reinstatement after 5 years)

SR-22 Insurance for 3 years

 

Mandatory Interlock Device (Where you have to blow into a machine to get the car to run). This costs around $100 a month.

 

Alcohol evaluation, etc.

 

 

Types of Aggravated DWI

New Hampshire has a few types of aggravated DWI. The include having a BAC .16 or higher, going 30+ over the speed limit while committing DWI, attempting to flee while committing DWI, having a passenger under 16 in the vehicle, and Felony DWI for causing serious bodily injury to anyone (Including yourself)

 

 Administrative License Suspension (Implied Consent Law)

If you are arrested for DWI, under the inplied consent law, you must give the officer a breath, blood, or urine test upon his request. If you refused the test, you will lose your license (which will run in addition to any license suspension in the criminal case) and it will be used against you in the criminal case. If you give a test above the legal limit (.08, or .02 for drivers under 21) you will also be subject to a license suspension (6 months for a first offense, and 2 years if you have a previous refusal, dwi conviction, or test above the legal limit).

If you are facing a license suspension under the implied consent law, you are entitled to an administrative license suspension (ALS) hearing. However, you have to specifically request the hearing within 30 days from the date of arrest or results of the blood test. You are entitled to hire a lawyer to represent you at that hearing. If you do not request the hearing within the required timeframe, you will lose your license/ ability to drive in New Hampshire. Attorney Hynes has handled more than 100 ALS hearings and has won many of them allowing the driver to keep their license.

Attorney Dan Hynes is the author of Drunk Driving & Drugged Driving Defense.

 

This book is provided for free to all clients upon request.

 

For more details see: http://www.nhdwiguy.com

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Serving all of N.H.

Manchester Office
212 Coolidge Ave.
Manchester, NH 03102
(603) 583-4444
Nashua Office
20 Trafalgar Sq. #453
Nashua, NH 03060
(603) 583-4444