Implied Consent in New Hampshire
With Law Offices in Manchester, NH
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Implied Consent in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
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Implied Consent in New Hampshire
New Hampshire License Suspension Attorneys
The Implied Consent Law in New Hampshire provides that any licensed person operating a motor vehicle automatically agrees to submit to a chemical test of his blood, breath, or urine, if properly requested by police. This means, that all drivers issued licenses by the State of New Hampshire have given their consent to submit to a chemical test if an officer has reasonable grounds to believe that they are operating a vehicle under the influence of alcohol, drugs, or both.
Implied consent gives the arresting officer the right to request a blood or breath test. If you refuse to submit to chemical testing, your driver’s license or privileges to drive in New Hampshire shall be suspended for a period of 180 days. This is known as the Administrative License Suspension (ALS). If you have had a prior DWI conviction or chemical test refusal, the State of New Hampshire will suspend your license or privileges to drive for two (2) years.
Requesting an Administrative License Suspension Hearing is the critical first step in challenging the ALS suspension. A skilled New Hampshire DWI license suspension lawyer should file a request with the Department of Safety, on your behalf, requesting an ALS hearing, and setting forth each and every basis upon which the order of suspension should be rescinded.
If you have been charged with DWI in New Hampshire, and would like to challenge your Administrative License Suspension, do not hesitate to contact the New Hampshire DWI attorneys at Tenn And Tenn, P.A.
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.
Frequently Asked Questions About Implied Consent in New Hampshire
What Is the Implied Consent Law in New Hampshire?
New Hampshire’s Implied Consent Law provides that any licensed person operating a motor vehicle automatically agrees to submit to a chemical test of their blood, breath, or urine if properly requested by police. By accepting a New Hampshire driver’s license, all drivers have given their implied consent to submit to chemical testing if an officer has reasonable grounds to believe they are operating a vehicle under the influence of alcohol, drugs, or both.
What Happens If I Refuse a Chemical Test in New Hampshire?
If you refuse to submit to chemical testing after a DWI stop in New Hampshire, your driver’s license or driving privileges will be suspended for 180 days. This is known as the Administrative License Suspension (ALS). If you have a prior DWI conviction or a prior chemical test refusal on your record, the suspension increases to two years.
Can I Challenge an Implied Consent License Suspension?
Yes. Requesting an Administrative License Suspension hearing is the critical first step in challenging the suspension. A skilled New Hampshire DWI attorney should file a request with the Department of Safety on your behalf, requesting an ALS hearing and setting forth every legal basis upon which the order of suspension should be rescinded. The hearing request must be made within 30 days of your arrest.
Does Implied Consent Apply Even If I Think the Stop Was Unlawful?
Yes. Under New Hampshire law, the duty to submit to chemical testing applies regardless of whether you believe the stop or arrest was lawful. However, if the stop was unlawful, that is a defense to be raised through legal proceedings — not a reason to refuse the test at the time of the stop, which would only trigger an additional license suspension.
Is the ALS License Suspension Separate From the Criminal DWI Case?
Yes. The Administrative License Suspension is a civil action by the New Hampshire DMV that is completely separate from the criminal DWI prosecution in State Court. You can lose your license through the ALS process even if you are not convicted in the criminal case. This is why it is essential to challenge both proceedings with the help of an experienced DWI attorney.
Do I Need a Lawyer for an Implied Consent License Suspension?
Yes. The ALS hearing is a formal proceeding with a strict 30-day deadline to request. An experienced New Hampshire DWI attorney at Tenn And Tenn, PA can file the hearing request on your behalf, challenge the suspension on every available legal basis, and work to protect your driving privileges. We offer free consultations to anyone facing a DWI arrest and ALS throughout New Hampshire.
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