DWI and DMV Hearing in New Hampshire

DWI and DMV Hearing in New Hampshire

With Law Offices in Manchester, NH

Do You Need Legal Help?

    DWI and DMV Hearing in New Hampshire

    DWI and DMV Hearing in New Hampshire

    With Law Offices in Manchester, NH


    Do You Need Legal Help?

      DWI and DMV Hearing in New Hampshire

      With Law Offices in Manchester, NH

      Do You Need Legal Help?

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        DWI and DMV Hearing in New Hampshire

        New Hampshire DWI Lawyers

        If you have been arrested in New Hampshire and charged with driving while impaired (DWI), also known as driving under the influence (DUI), you are facing two (2) separate prosecutions; the Court and the Division of Motor Vehicles (DMV). The DMV prosecution, called an Administrative License Suspension (ALS), is imposed if you either (1) refuse a post-arrest alcohol concentration test (blood, breath, or urine), or (2) submit to a test which discloses an alcohol concentration of .08% or more, or .02% if under the age of twenty-one (21). The ALS is unrelated to the Court action and can result in a six (6) month loss of license or a two (2) year loss if you have a prior DWI or a prior “refusal”.

        At the ALS hearing, you have the right to argue for restoration of your driving privileges. The ALS hearing may provide a crucial opportunity for your New Hampshire DWI lawyer to examine the evidence against you, cross-examine the State’s witnesses, and review and confront the evidence presented by the individuals who participated in your arrest.

        To preserve your rights to a hearing, you must request a hearing within thirty (30) days of your arrest or receipt of the results of the alcohol concentration test. If you do not request an ALS hearing within the mandated period of time your license or driving privileges will be automatically suspended by the DMV. You will not be provided another opportunity for an ALS hearing once your timeframe has lapsed. Accordingly, it is critical that you contact the New Hampshire DWI defense lawyers at Tenn And Tenn, P.A. immediately after being arrested for DWI, so that an ALS hearing may be requested on your behalf to preserve your rights.

        The Administrative License Suspension hearing is a civil hearing and cannot result in a criminal conviction. However, the penalties for not requesting an ALS hearing or for losing your ALS hearing are significant. The New Hampshire DMV will suspend your driver’s license for one hundred eighty (180) days for a first offense DWI. If however, you have previously been convicted of DWI or have previously refused a BAC test, the ALS suspension will be a two (2) year loss of license.

        If you are facing an Administrative License Suspension (ALS) in New Hampshire as a result of a DWI charge, it is in your best interest to immediately contact the experienced DWI defense lawyers at Tenn And Tenn, P.A. An ALS in New Hampshire can result in a significant period of license loss which loss can impose a great hardship to you. Do not delay.

        We help people with DWI/DUI defense in the following locations: Alstead, Amherst, Andover, Antrim, Atkinson, Auburn, Bedford, Bennington, Berlin, Boscawen, Bow, Bradford, Brentwood, Brookline, Candia, Canterbury, Cheshire, Chester, Chesterfield, Chichester, Claremont, Concord, Deerfield, Deering, Derry, Dover, Dublin, Exeter, Francestown, Franklin, Goffstown, Greenville, Hampton Beach, Hampton, Hancock, Harrisville, Hooksett, Hudson, Keene, Laconia, Lebanon, Londonderry, Manchester, Merrimack, Nashua, Pelham, Portsmouth, Rochester, Somersworth, and Windham.

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        Frequently Asked Questions About DWI and DMV Hearings in New Hampshire
        A DWI arrest in New Hampshire triggers two separate proceedings. The first is a criminal prosecution in State Court. The second is an Administrative License Suspension (ALS) through the DMV, which is a civil proceeding and is completely separate from the criminal case. The ALS is imposed if you either refuse a post-arrest alcohol concentration test, or submit to a test that shows a BAC of 0.08 percent or more — or 0.02 percent or more if under 21. You can lose your license through the ALS process even if you are ultimately not convicted in the criminal case.
        You must request an Administrative License Suspension hearing within 30 days of your arrest or receipt of your BAC test results. If you do not request a hearing within that 30-day window, your license or driving privileges will be automatically suspended by the DMV and you will not be given another opportunity for a hearing. This is why it is critical to contact an experienced New Hampshire DWI attorney immediately after your arrest.
        For a first offense DWI with no prior DWIs or prior test refusals, the ALS suspension is 180 days. If you have a prior DWI conviction or have previously refused a BAC test, the ALS suspension is two years. The ALS suspension for test refusal runs consecutive to — meaning in addition to — any court-imposed revocation, while suspension for a failed BAC test runs concurrent with the court-imposed revocation.
        The ALS hearing is a civil proceeding at which you have the right to argue for restoration of your driving privileges. Your New Hampshire DWI attorney can examine the evidence against you, cross-examine the State’s witnesses, and challenge the evidence presented by the arresting officers. A successful ALS hearing can preserve your driving privileges. The ALS hearing also provides an important early opportunity to evaluate the evidence in your criminal DWI case.
        Yes. If your attorney can establish that proper procedures were not followed — for example, that the officer lacked probable cause for the arrest, that the intoxilyzer was not properly certified, or that the officer failed to follow required protocols — the ALS can be vacated and your driving privileges restored. An experienced DWI attorney will review every aspect of the stop, arrest, and testing procedure to identify grounds to challenge the suspension.
        Yes. The 30-day deadline is strict, the hearing resembles a non-jury trial, and the evidence presented at the ALS hearing can also affect your criminal DWI case. Having an experienced DWI defense attorney at Tenn And Tenn, PA handle your ALS hearing protects both your driving privileges and your criminal defense strategy. We offer free consultations to anyone facing a DWI arrest and ALS in New Hampshire.
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