Getting charged with a DUI in New Hampshire can feel like your world just got flipped upside down. Most folks facing this for the first time are scared, confused, and unsure of what comes next. That’s normal. You’re not alone. This guide walks you through what typically happens in a DUI case from start to finish so you know what to expect and what steps to take.
The Traffic Stop and Arrest
Everything starts when an officer pulls someone over, usually late at night or early in the morning. Maybe it’s for speeding, swerving, or a broken taillight. The officer asks some questions, maybe runs some tests, and if they think you’ve been drinking, they might arrest you for DUI.
At this point, you’ll likely be handcuffed and taken to the police station. There, you may be asked to take a breath test. Refusing the test doesn’t mean the trouble goes away. In fact, it can make things harder. Saying no to the test often leads to an automatic license suspension, even if you’re not found guilty later.
The Bail and Release
After the arrest, you might spend the night in jail. Usually, you’ll be released the next morning, either on bail or on your own word that you’ll come back to court. This first release doesn’t mean your case is over—it’s just beginning.
The Arraignment
The first court date is called an arraignment. This is where you’ll hear the charges against you. The judge will ask how you plead. Most people say “not guilty” at this stage, even if they later plan to accept responsibility. Saying “not guilty” early on simply gives your lawyer time to look at the case.
License Suspension Hearing
New Hampshire is tough on drunk driving. If you failed or refused the breath test, the Department of Motor Vehicles (DMV) will schedule a separate hearing. This is called an Administrative License Suspension (ALS) hearing. It’s not criminal court—it’s the DMV deciding if your license gets suspended. You need to ask for this hearing quickly. Waiting too long means losing the right to fight it.
Discovery and Pretrial Process
Once your lawyer gets involved, they’ll start digging into the evidence. This stage is called discovery. It includes things like police reports, dashcam videos, and breath test results. Your lawyer will look at whether the officer had a good reason to stop you. They’ll check if the breath test was done right. They’ll see if your rights were respected.
Sometimes, there’s a chance to work out a deal with the prosecutor. Maybe the charge can be reduced. Maybe the penalties can be lowered. That happens during what’s called pretrial negotiation.
Motions and Legal Challenges
If something doesn’t seem right, your lawyer may file motions. A motion is a request to the judge. For example, if the traffic stop wasn’t legal, your lawyer might ask the court to throw out the evidence. This can make a big difference in how your case goes.
The Trial
Most DUI cases don’t go to trial. But if yours does, here’s what to expect. Trials in New Hampshire can be before a judge or a jury. You and your lawyer get to choose. The prosecutor goes first. They try to prove you were driving under the influence. Your lawyer then gets to question the evidence and tell your side of the story. At the end, the judge or jury decides if you’re guilty or not.
Sentencing
If the court finds you guilty or if you reach a plea deal, the next step is sentencing. This is where the judge says what the punishment will be. In New Hampshire, even a first DUI comes with real consequences. You may face a fine, lose your license, and have to attend a program about alcohol and driving. Sometimes, you’ll need to install an ignition lock device in your car.
After the Case
Once your case ends, you might feel like everything’s over. But there’s still work to do. You may need to finish a driving program or follow probation rules. You might want to see if your record can be cleared down the road. Your lawyer can help with all that too.
What Happens if It’s Not Your First DUI
If this isn’t your first DUI, the timeline might look the same, but the stakes go way up. New Hampshire has a strong interest in stopping repeat offenses. That means harsher penalties, longer license suspensions, and even jail time. You may also be required to get a full substance use evaluation and attend more treatment. The court will look at your record closely. Even if your last DUI was many years ago, it still counts in most cases.
Each repeat charge adds more risk, and the law gives judges less room for leniency. If you’re facing a second or third DUI, you need to act fast and get help from someone who knows how to handle high-stakes cases.
The Role of the Lawyer in a DUI Case
From the outside, it may seem like all DUI cases are the same. But no two are alike. A lawyer’s job is to spot the difference between what the state says happened and what really happened. That could mean questioning whether the field test was fair or if the officer gave proper instructions. It could mean reviewing whether the machine used in the breath test was working right. Every detail matters.
A lawyer also helps with more than just court. They can request a license hearing, gather evidence, file motions, and fight to keep your record clean. They can also guide you through what programs or steps you can take to show the court that you’re taking the charge seriously.
Why Every Step Matters
Every stage in a DUI case has weight. From the moment the blue lights flash in your mirror to the day your case wraps up, every move matters. The way the officer handled the stop. The words you used. The test you took or didn’t take. The steps your lawyer takes in court. It all shapes what happens.
The truth is, this process can feel long and overwhelming. But with a steady guide who understands DUI law in New Hampshire, you can face each step head-on, knowing your rights are protected and your future is being fought for.
If you’ve been charged with a DUI, don’t try to go it alone. The steps are too important. Call Tenn And Tenn, PA. We know what to do, and we’re ready to help.