Implied Consent in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
Implied Consent in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
See What Our Clients Are Saying About Us
Attorney John Tenn and his entire team are amazing people! If you need a lawyer, he is the man to call! He handled my case in a professional matter and took the stress out of it all.
Mallory C.
The whole team were very professional and responsive. My case was effectively handled with good communication during the process. Very satisfied with the outcome. Highly recommend!
A. McMillan
I was recently in need of a New Hampshire lawyer. I was put in touch with John Tenn. He went above and beyond for me to make sure I got the best help. Tenn and Tenn thank you for being so helpful!
Brianna R.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Download our free DWI guide to learn what you should and shouldn't do regarding your case.
Enter your information below to receive your free pdf guide.
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.
Related Blog Posts
Pulled Over on the Way to Laconia Motorcycle Week: What Riders Should Know About DWI Stops in New Hampshire
Motorcyclists heading to Laconia Motorcycle Week face increased law enforcement presence due to the event’s [...]
07
May
May
Underage DWI After Prom in New Hampshire: License Consequences Parents Must Understand
Tenn And Tenn, PA often consults with families whose teenagers face serious consequences after being [...]
20
Apr
Apr
How DUI Testing Works in New Hampshire
New Hampshire law enforcement officials have the right to stop any vehicle on a state [...]
10
Apr
Apr
What Is Implied Consent in New Hampshire DUI?
If you get pulled over on suspicion of DUI in New Hampshire, it might come [...]
10
Apr
Apr
Manchester DUI Arrests Spike in April: What Local Drivers Need to Know
Tenn And Tenn, PA has observed a concerning spike in DUI arrests in Manchester this [...]
02
Apr
Apr
Why New Hampshire Sees a Rise in DUI Charges After Winter
Tenn And Tenn, PA has observed a consistent pattern over the years: as winter comes [...]
30
Mar
Mar
Cold-Weather DUI Stops: What Drivers Should Expect From Officers
Cold-weather DUI stops come with specific considerations for both officers and drivers. In New Hampshire, [...]
19
Feb
Feb
What Prosecutors Look For When Building a Winter DWI Case in New Hampshire
During the winter months, the challenge of defending against a DWI charge in New Hampshire [...]
22
Jan
Jan
Areas We Serve in New Hampshire
Client Reviews
The team of people who work for this firm are some of the most professional and personable individuals I have ever known. You can trust their knowledge and expertise. They are absolutely a five star organization.