When a New Hampshire resident is arrested for DWI/DUI, you are asked to submit to a breath or blood test.  If (1) a breath test indicates .08% blood-alcohol or more, (or .02% if under the age of 21), or (2) blood may be taken for later analysis, or (3) you refuse to submit to chemical testing, your driver's license is immediately confiscated by the police (unless it is an out-of-state license) and you are issued a pink sheet of paper.  This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved.

You, or your attorney, should immediately notify the Department of Motor Vehicles ("DMV") to contest the suspension at an administrative hearing. This is called the Administrative License Suspension ("ALS").

This "ALS" is based upon New Hampshire's "implied consent" laws.  Those implied consent laws provide that any person driving in this state is "presumed" to impliedly consent to chemical testing if he/she is suspected of driving while impaired.

An ALS hearing is conducted by a hearing officer who is an employee of the DMV.  This person, although not necessarily legally trained, will act as the "judge".  The hearing is conducted like a miniature trial, but without a jury and with somewhat different rules of evidence.

Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit.  A decision is usually not rendered until some days after the hearing.  If adverse, the decision can be appealed.

The experienced DWI/DUI lawyers at Tenn And Tenn, P.A. regularly handle ALS hearings for our clients.  If you have been charged with DWI/DUI in New Hampshire, contact the lawyers at Tenn And Tenn, P.A. today for a free telephone consultation.