Being arrested for a DWI or DUI in New Hampshire can have serious consequences. The consequences may potentially be compounded, however, if you reside in another state. What happens in one state does affect what happens in another. If, as a non-resident, you are arrested for DWI in New Hampshire, you will be subjected to the same tests and proceedings required by New Hampshire law, as well as being subjected to any actions taken by your home state. This includes criminal court proceedings as well as Department of Motor-Vehicle (DMV) actions.Out of State Residents DUI Arrest and Criminal Court Hearings
If you are arrested in New Hampshire for DUI or DWI, but live in another state, you are still subject to state laws and penalties. It is therefore advisable to retain the services of an experienced NH DUI lawyer who understands New Hampshire law and procedures.
Once arrested for DWI in NH, there will be a Court hearing, during which the evidence against you will be presented. If you are successful in having your charges dropped or reduced, you may not face any additional action in your home state. If, however, you are proven to have had a blood alcohol concentration (BAC) of 0.08 or higher, or 0.02 or higher in the case of an underage driver, you will be convicted and sentenced in New Hampshire; and you will be required to comply with any and all orders of the court, including the successful completion of a DWI impaired driver intervention program and revocation of your NH driving privilege. If you have a prior DUI conviction in another state, that conviction will be considered by the judge in your New Hampshire DWI court sentencing.Out of State Drivers with NH DWI Arrest and Administrative License Suspension
All but five U.S. states belong to the interstate Driver License Compact (DLC) and Nonresident Violator Compact (NRVC), which means that your driving record and your driver's license, though issued through one state, can be affected by any other state action. This policy will be even more regulated with the Driver License Agreement (DLA) which will soon replace the DLC and NRVC.
With an out of state DUI arrest, the arresting state does not have the authority to revoke or suspend a driver's license issued in your home state, but it does have the authority to revoke or suspend your driving privilege in that state.
If the court orders that your privilege to drive in New Hampshire be suspended, you have the right to request an Administrative License Suspension (ALS) hearing, but must do so within 30 days or your arrest of receipt of BAC results. Any driving privilege action taken in NH will likely affect your driver's license in your home state. If your privilege to drive in New Hampshire has been revoked for 6 months, any action your home state takes against your driver's license will generally be in effect for the same length of time.How to Avoid a NH DWI Conviction
If you have been arrested for a DWI in New Hampshire and it is not your home state, consulting with one of the skilled New Hampshire DWI attorneys at Tenn And Tenn, P.A., will ensure that your legal rights are protected. We will work diligently towards having the charges dismissed or reduced in order to minimize any actions against you in your home state. Call us today to learn more at 603-624-3700 or on our toll free helpline at 1-888-511-1010.