Best Drunk Driving Lawyers in New Hampshire

About Drunk Driving Law in New Hampshire, United States

Drunk driving, also known as driving under the influence (DUI) or driving while intoxicated (DWI), is a serious criminal offense in New Hampshire. The state enforces strict laws to deter individuals from operating motor vehicles while impaired by alcohol or drugs. Law enforcement officers regularly patrol New Hampshire roads and conduct sobriety checkpoints to identify and arrest impaired drivers. Being charged with drunk driving in New Hampshire can lead to severe penalties, including fines, license suspension, mandatory alcohol education programs, and even jail time, depending on the circumstances of the case.

Why You May Need a Lawyer

If you are facing a drunk driving charge in New Hampshire, having a legal professional by your side can make a crucial difference. There are various situations where legal help becomes necessary, such as:

• Facing your first DUI/DWI offense and not understanding the legal process or potential penalties.
• Being accused of a second or subsequent offense, which can carry more severe consequences, including longer license suspensions, larger fines, and increased jail time.
• Dealing with aggravated DWI charges (for example, high blood alcohol content, driving with minors in the vehicle, or causing injury to others).
• Concerns over improper police procedures during the arrest or breathalyzer administration, which could impact the admissibility of evidence.
• Navigating administrative license suspension hearings and the judicial court process simultaneously.
• Seeking to negotiate a plea agreement or minimize penalties where possible.
• Wanting to explore possible defenses, such as medical conditions affecting sobriety tests or challenging the results of chemical testing.

Legal guidance ensures that you understand your rights, receive fair treatment, and have the best chance at a favorable outcome in court or administrative hearings.

Local Laws Overview

In New Hampshire, it is illegal to drive or attempt to drive a motor vehicle with a blood alcohol content (BAC) at or above 0.08 percent for drivers 21 and older, 0.02 percent for drivers under 21, and 0.04 percent for commercial drivers. The law prohibits not only alcohol impairment but also impairment from drugs, whether prescription, over the counter, or illegal substances.

Penalties for drunk driving offenses increase based on previous convictions, the presence of aggravating factors, and the driver's level of cooperation. Some key points about New Hampshire's drunk driving laws include:

• First-time offenders can face fines up to one thousand dollars, a nine-month license suspension, and required completion of an Impaired Driver Care Management Program.
• Subsequent offenses result in longer license suspensions, higher fines, possible jail time, and mandatory installation of an ignition interlock device.
• Refusing a breath, blood, or urine test after arrest can result in an automatic license suspension under New Hampshire's implied consent law.
• Aggravated DWI charges apply in cases involving high BAC, excessive speed, reckless driving, bodily injury, or having passengers under 16 in the vehicle.
• DWI convictions can have long-term impacts, including higher insurance rates, employment consequences, and restrictions on travel outside the United States.

Frequently Asked Questions

What does DWI stand for in New Hampshire?

DWI stands for Driving While Intoxicated, which is the legal term New Hampshire uses for operating a vehicle under the influence of alcohol or drugs.

What is the legal limit for blood alcohol content (BAC) in New Hampshire?

For drivers age 21 and over, the legal BAC limit is 0.08 percent. For drivers under 21, it is 0.02 percent, and for commercial drivers, it is 0.04 percent.

Can I refuse a breathalyzer or chemical test in New Hampshire?

You have the right to refuse a breath, blood, or urine test, but refusal leads to an automatic license suspension for a minimum of 180 days under the implied consent law.

What are the penalties for a first-time DWI offense?

Penalties can include a fine up to one thousand dollars, a license suspension of at least nine months, mandatory alcohol treatment or education programs, and possible installation of an ignition interlock device.

What is an aggravated DWI?

An aggravated DWI involves additional factors such as driving at excessive speed, having a BAC of 0.16 percent or higher, causing bodily injury, or driving with minors in the vehicle. Penalties are more severe and can include mandatory jail time.

How long will a DWI conviction stay on my record?

A DWI conviction in New Hampshire remains on your criminal record permanently. It cannot be expunged, although some administrative penalties may expire after a set number of years.

Do I have to appear in court for a DWI charge?

Yes, DUI/DWI charges in New Hampshire require a mandatory court appearance. Failing to attend your court date can result in additional penalties.

Can I drive after being arrested for drunk driving?

Upon arrest, your license may be suspended immediately or within a short period. You may be eligible for a temporary driving permit or hardship license, depending on the circumstances and pending court hearings.

Is it possible to get DWI charges reduced or dismissed?

In some cases, it may be possible to negotiate a plea deal, have evidence suppressed, or even get charges dismissed based on errors in police procedure or lack of probable cause. Legal advice is strongly recommended.

How can a lawyer help with my DWI case?

A lawyer can evaluate the circumstances of your arrest, advise you of your rights, represent you in court and administrative hearings, negotiate with prosecutors, and identify potential defenses to achieve the best possible outcome.

Additional Resources

If you or someone you know is facing a drunk driving charge in New Hampshire, the following resources may be useful:

• New Hampshire Department of Safety - Division of Motor Vehicles (DMV): For questions about license suspension, reinstatement, and administrative hearings.
• New Hampshire Judicial Branch: For information on court procedures and scheduling.
• New Hampshire Bar Association: For assistance finding a qualified criminal defense lawyer familiar with DWI cases.
• The New Hampshire Bureau of Alcohol and Drug Services: For information on state-approved treatment and education programs.
• Local non-profit organizations focused on substance abuse prevention and recovery.

Next Steps

If you are facing a drunk driving charge or have questions about your rights and responsibilities, consider the following steps:

1. Do not ignore your charge or court dates. Missing legal deadlines can worsen your situation.
2. Collect all relevant documents, such as police reports, bail paperwork, and any notices from the DMV or court.
3. Contact a New Hampshire-based criminal defense lawyer with experience in DWI cases as soon as possible. Many attorneys offer free consultations to help you understand your options.
4. Follow all temporary license and court-imposed restrictions while your case is pending.
5. Consider reaching out to a support organization if you are struggling with substance use issues.
6. Prepare to attend all required court appearances, hearings, and fulfill any treatment or educational program obligations.

The legal process can be intimidating, but with the right resources and professional guidance, you can protect your rights and minimize the long-term impact of a drunk driving charge in New Hampshire.