Being arrested for DWI or DUI in New Hampshire can be very confusing and overwhelming. DWI stands for Driving While Intoxicated; DUI stands for Driving Under the Influence. These terms are often interchanged in New Hampshire. A DWI or DUI arrest usually occurs after it is alleged that a person's blood alcohol concentration (BAC) is above the legal limit. This does not mean, however, that a person arrested for a DWI in New Hampshire does not have rights. Consulting with an experienced NH DWI defense lawyer is the best step to understand the charges and defend your rights. Additionally, repeat DWI arrests can lead to significant jail time and hefty fines. It is important to seek representation that has significant knowledge of these types of charges and how they proceed in court.
When a person is arrested for a DWI, they will be prosecuted by the Court, as well as the NH Department of Motor-Vehicles (DMV). A Court DWI hearing will only lead to conviction if there is adequate evidence to prove that the person was impaired while driving. In some cases, even if the BAC test confirms a concentration of 0.08 or higher, or 0.02 or higher for underage DWI, it may not be considered admissible evidence. For BAC results to be admissible, the test must have been administered by a properly certified official; likewise for field sobriety tests. If any of these standardized tests were administered by an individual out of compliance with certification requirements, then the BAC results, and thus the arrest, may be void. In the case of a conviction, however, a person may face:
Having your driver's license suspended can have an adverse impact on your daily life and make it difficult for you to earn a living. You may challenge the DMV-ordered administrative license suspension (ALS), but only by fulfilling certain requirements.
To contest the ALS, you must request an ALS hearing within 30 days of your arrest, or receipt of your BAC test results. This is the only opportunity you will get to challenge your license suspension. Failing to request a hearing within the prescribed 30 days will automatically result in the suspension of your driver's license for the imposed time. Immediately contacting a skilled New Hampshire ALS suspension attorney after your arrest would ensure that you never miss a deadline.
After a DWI arrest, many people make the mistake of simply waiting until the arraignment date. If you have been arrested for a DWI in New Hampshire, you want to make sure your rights are protected and that you are not taken advantage of. At Tenn And Tenn, P.A., our Manchester DWI lawyers will examine every detail of your case and ensure that any inappropriate evidence is not used against you. If you want to ensure the protection of your legal rights, call us today for a free telephone consultation at 603-624-3700 or on our free DWI helpline at 1-888-511-1010.