Best DUI & DWI Lawyers in New Hampshire

About DUI & DWI Law in New Hampshire, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in New Hampshire. State law prohibits anyone from operating a vehicle while their ability to drive is impaired by alcohol, drugs, or a combination of both. New Hampshire uses the term DWI, but DUI is commonly used as well. The state enforces strict penalties to discourage impaired driving, protect public safety, and reduce alcohol- and drug-related accidents on its roads.

Why You May Need a Lawyer

If you are facing DUI or DWI charges in New Hampshire, obtaining legal representation is highly advisable. Common situations where individuals seek legal help include:

• First-time or repeat DWI charges
• Refusal to submit to breath or blood tests
• Facing aggravated DWI due to high blood alcohol content or causing injury
• Challenging the validity of traffic stops or field sobriety testing
• Dealing with administrative license suspension proceedings
• Seeking to reduce penalties or avoid jail time
• Handling out-of-state resident DUI & DWI cases

A lawyer can help you navigate the legal system, protect your rights, negotiate with prosecutors, and possibly reduce or dismiss the charges.

Local Laws Overview

New Hampshire DWI laws are detailed in the state’s statutes. The legal limit for blood alcohol concentration (BAC) is 0.08 percent for drivers aged 21 and over, and 0.02 percent for drivers under 21. Commercial drivers have a limit of 0.04 percent. Penalties for DWI can include fines, jail time, court-ordered treatment, license suspension, and installation of ignition interlock devices. New Hampshire also has “implied consent” laws, meaning that drivers automatically consent to chemical testing when operating a vehicle. Refusing these tests can result in an automatic license suspension, even if you are not convicted of DWI in court.

Frequently Asked Questions

What is considered DWI in New Hampshire?

DWI in New Hampshire means operating a vehicle while impaired by alcohol, drugs, or any substance, or having a BAC at or above the legal limit.

What happens if I refuse a breath or blood test?

If you refuse a breath or blood test in New Hampshire, your driver's license can be suspended for at least 180 days due to the state's implied consent laws.

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

A first-time DWI conviction usually results in fines, mandatory substance abuse counseling, a minimum 9-month license suspension, and up to one year in jail. Jail time is typically rare for first offenses unless there are aggravating circumstances.

Will a DWI appear on my criminal record?

Yes. A DWI conviction is a criminal offense in New Hampshire and will generally appear on your criminal record, which can impact employment and other areas of your life.

Is it possible to get a DWI dismissed or reduced?

It is possible, especially with strong legal representation. Your lawyer may be able to challenge the evidence, the legality of the stop, or the procedures used during testing, resulting in dismissal or reduced charges.

How does a DWI affect my driver’s license?

Your license can be suspended immediately after arrest if you refuse testing or fail a chemical test. Conviction can lead to further suspension periods and requirements before you are able to reinstate your license.

What is an Aggravated DWI?

An Aggravated DWI involves high BAC levels, speeding, causing injury, attempting to evade law enforcement, transporting a minor, or repeated DWI offenses. Penalties are much more severe and often include mandatory jail time.

Are there additional penalties for underage offenders?

Yes. For drivers under 21, the BAC threshold is just 0.02 percent. Underage DWI offenders face license suspension, fines, alcohol education programs, and possibly community service or incarceration, depending on the situation.

Does New Hampshire require an ignition interlock device?

Yes, in some cases. Repeat offenders, individuals convicted of Aggravated DWI, or those with particularly high BAC levels may be ordered to install an ignition interlock device in their vehicles as a condition of license reinstatement.

How long does a DWI stay on my record?

In New Hampshire, a DWI conviction stays on your criminal record indefinitely, and on your driving record for at least 10 years. This can affect insurance rates, employment prospects, and future legal matters.

Additional Resources

If you are seeking more information or assistance regarding DUI & DWI issues in New Hampshire, consider contacting:

• New Hampshire Department of Safety - Division of Motor Vehicles
• New Hampshire Judicial Branch
• New Hampshire Bar Association Lawyer Referral Service
• Local law enforcement agencies
• Substance abuse programs and counseling services

These organizations can provide further guidance on your legal options, administrative processes, and rehabilitation resources.

Next Steps

If you are facing DUI or DWI charges, time is critical. To protect your rights and explore all possible defenses:

• Consult with an experienced DUI & DWI attorney as soon as possible
• Gather any documents or evidence relating to your arrest
• Do not discuss details of your case with anyone except your lawyer
• Attend all required court dates and hearings
• Consider enrolling in recommended treatment or education programs if appropriate

Legal advice tailored to your specific situation is essential. A knowledgeable DWI lawyer can guide you through the legal process, represent you in court, and work to achieve the best possible outcome.