DWI and DMV Hearing
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. Contact the DUI lawyers in Manchester, NH today at Tenn And Tenn, P.A. at 1-888-511-1010 for a free telephone consultation.