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How Long Does Prosecution Have to File a DWI Case Against Me?

When you are arrested for a DUI/DWI in the State of New Hampshire you have requirements that must be performed after your initial arrest. After being arrested, you typically required to do a blood or breath test, typically at a police station without any right to speak with a DUI attorney. At that point, after being charged with a DUI in New Hampshire, you face two battles:

  • Criminal prosecution in state court; and
  • The potential administrative suspension of your driver’s license.

While there are certain arraignment and court dates that you must adhere to after your arrest, the prosecution themselves has very specific criminal procedures that they must follow in order to bring you into the court system after a “complaint” or an arrest is made against you.

How Long Does a Prosecutor Have to File a Complaint?

Often, the time a prosecutor has to file a complaint against you depends on the level of your charge. If you are being charged with a misdemeanor, or your very first DUI, then the prosecution must file a complaint against you, if you are not detained prior to arraignment, no later than fourteen (14) days prior to your scheduled arraignment. In order to completely understand this rule, you need to know more information, such as — what is arraignment?

Arraignment for Misdemeanors

Again, for crimes at the misdemeanor level there will be an arraignment. This is a meeting in court where the judge will inform you of the charges that have been filed against you. At this point in time, you will enter a plea of either, “guilty” or “not guilty” with the court. Typically, this is done with an experienced DUI attorney at your side; however, you may also plead “not guilty” and a new court date will be scheduled for you to give you time to find an attorney.

Probable Cause Hearing for Felonies

If this is not your first DUI in the State of New Hampshire, then you will have an extra step called “preliminary hearing” or “probable cause” hearing. There are very specific dates in which your case must be filed in the case of a felony as well. New Hampshire Criminal Procedure, Rule 6, states “The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. The court shall hold the hearing within twenty days of the arraignment if the defendant is not in custody.”

Contact Experienced New Hampshire DUI Defense Attorneys

The penalties for any DUI charge, whether your first charge or one of many, can be extremely steep and have a long-lasting impact on your life and livelihood. The New Hampshire DUI attorneys at Tenn And Tenn, P.A. have been helping clients accused of a DUI for more than 20 years. The DUI defense lawyers at Tenn And Tenn, P.A. have been among “The Best Lawyers in America,” and know how to fully protect your rights under the law. Contact Tenn And Tenn, P.A. today for a free consultation.

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