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DUI/DWI

Nashua DUI Attorneys

Charged with Drunk Driving in New Hampshire? Call Our Nashua DWI Lawyers

DWI (Driving While Intoxicated), also known as DUI (Driving Under the Influence) or OUI (Operating Under the Influence), is not taken lightly. If you were arrested for this offense, you are likely feeling overwhelmed and apprehensive about the future. While many may often feel resigned to defeat, it is crucial to retain skilled criminal defense representation from a Nashua DUI attorney as soon as possible to ensure the best results for your case.

At Bernazzani Law, our Nashua DWI attorneys are committed to aggressively advocating on behalf of those we serve. You can rely on our team to fight to protect your future.

Reach out today at (603) 261-2214 or reach out online for a free initial consultation. Our Nashua DWI lawyer is ready to get started on your case. 

What is the Difference Between DUI and DWI in NH? 

In New Hampshire, the terms DUI and DWI are often used interchangeably, but there is a subtle distinction between them based on the type of impairment involved:

  • DUI refers to operating a vehicle under the influence of alcohol or drugs, including prescription medications, illegal substances, or even over-the-counter drugs that can impair a driver's ability to operate a vehicle safely. The focus is on any impairment that affects the driver's ability to drive, whether caused by alcohol, drugs, or other substances.
  • DWI generally refers to a driver being intoxicated or impaired due to alcohol, specifically having a Blood Alcohol Concentration (BAC) over the legal limit of 0.08%. In some jurisdictions, the term DWI is used to describe the offense of driving with a BAC above the legal threshold, even though the state may consider it the same offense as DUI.

What are the Penalties for DWI in NH?

Depending on the number of offenses you have on your record, the penalties associated with a DWI conviction may vary substantially.

Below are the penalties you may experience for a first, second, and third DWI offense:

  • First Offense: For a first offense, you may owe a fine up to $1,200 and face a license suspension between 9 months and 2 years.
  • First Offense – Under 21: For a first offense, you may owe a fine up to $1,200 and face a mandatory license suspension of 1 year and up to 2 years.
  • Second Offense: For a second offense, you will face a mandatory jail sentence as well as a maximum sentence of a year in jail and a fine up to $2,000. You will also have your license suspended for a mandatory minimum of 3 years and have to undergo mandatory treatment.
  • Third Offense: For a third offense, you will face a mandatory sentence of 180 days in jail as well as a maximum sentence of 5 years in jail and a fine up to $4,000. You will also receive a lifetime license revocation and have to undergo mandatory treatment.

A judge may suspend a portion of the jail sentence and place an offender on probation for up to 2 years. However, while on probation, you must complete an alcohol and drug evaluation and the Impaired Driver Care Management Program (IDCMP).

Before receiving a suspended jail sentence for a DWI, you must first serve at least:

  • 5 days for a second offense DWI
  • 14 days for a second offense DWI if your prior offense was within the past 2 years
  • 30 days for a third offense DWI

In addition to these penalties, DUI convictions in New Hampshire can lead to increased insurance premiums, difficulties in employment, and other long-term consequences. Our Nashua DUI lawyers are dedicated to minimizing these penalties and protecting your future.

What Makes a DUI Aggravated in NH?

If convicted of an aggravated DWI, you may face even steeper penalties.

Examples of accompanying factors that may elevate your DWI to an aggravated DWI include:

  • You were speeding 30 mph or more over the posted limit
  • You caused an accident that resulted in serious bodily injuries
  • You tried to evade law enforcement
  • You had a BAC of 0.16% or more
  • You had a passenger under the age of 16

Is DWI a Felony in New Hampshire?

A DWI charge in New Hampshire is typically classified as a misdemeanor for a first or second offense. However, a third or subsequent offense within a ten-year period can result in a felony charge. The penalties for a felony DWI in New Hampshire are much more severe. The classification depends on the number of prior convictions and the circumstances of the offense.

Do You Lose Your License Immediately After DUI in NH?

Yes, in New Hampshire, you can lose your license immediately after a DUI arrest, even before you are convicted. This is due to an administrative process called implied consent. This means that as part of your driving privilege, you must submit to sobriety testing when requested by law enforcement during a lawful arrest for drunk driving (see New Hampshire State Law Section 265-A:4). 

Therefore, refusal of a chemical test violates the implied consent law and will automatically trigger an administrative license suspension of 180 days. If you have a prior DWI conviction or chemical test refusal, you will face a two-year suspension.

The testing requirement is only valid when law enforcement has conducted a lawful arrest—in other words, they must have had probable cause to believe that the driver was intoxicated when they made the arrest. An improper stop may lead to the dismissal of the DUI charge, and our DWI attorneys in Nashua can help you gather evidence to demonstrate it in court if that is the case.

How Long Does a DWI Stay on Your Record in NH?

In New Hampshire, a DWI conviction stays on your criminal record permanently unless you take legal steps to have it removed. New Hampshire law does not have a mechanism for automatically expunging DWI convictions. 

However, if you are convicted of a DWI, it will remain visible on your record indefinitely unless you are eligible for record sealing or expungement, which typically applies to certain minor offenses or after a significant amount of time has passed. For most people, though, a DWI conviction remains on the record unless the court grants an expungement or sealing after meeting certain conditions.

You Only Have 30 Days to Request a DMV Hearing!

DWI cases in New Hampshire, and anywhere else in the country, are criminal as well as administrative. Because there are two components of your case, there are also two different hearings. The criminal case determines whether you are guilty of the offense and what punishments you may face, while the DMV administrative hearing will determine whether you’ll get to keep your driving privileges.

After a DWI / DUI / OUI arrest, you’ll be given a temporary driving permit that will last only 30 days. At the end of that 30-day period, your driving privileges will be suspended for 180 days for a first-time offense, or up to two years for a subsequent offense. You must schedule a DMV administrative hearing during this 30-day period to contest this suspension – if you do not, you will lose the ability to drive your vehicle and will have to find alternate means of getting to and from work, picking up kids from school, and running important errands. Six months or more is a long time to not be able to drive, so take action now!

Understanding the DUI Legal Process in NH

Navigating the complexities of a DUI charge can be daunting, especially if you are unfamiliar with the legal system. At Bernazzani Law, we believe that knowledge is power. That’s why we provide our clients with a comprehensive overview of the DUI legal process, ensuring you know what to expect at each stage.

Here’s a brief outline of what you can anticipate:

  1. Arrest and Booking: After being pulled over, you may be arrested and taken to a police station for booking. Understanding your rights during this phase is crucial.
  2. Initial Court Appearance: Within days of your arrest, you will have your first court appearance where charges will be formally presented. Our attorneys will guide you through this process.
  3. Pre-Trial Motions: This stage may involve filing motions to suppress evidence or challenge the legality of your arrest. Our team will work diligently to protect your rights.
  4. Negotiation and Plea Bargaining: Depending on the circumstances, we may negotiate with the prosecution for a plea deal that minimizes penalties.
  5. Trial: If your case goes to trial, our experienced attorneys will provide a robust defense, presenting evidence and witnesses to support your case.

Each case is unique, and having a knowledgeable attorney by your side can make a significant difference. We are committed to providing personalized legal strategies tailored to your specific circumstances. 

Our DUI Legal Defense Services

At Bernazzani Law, our Nashua DUI lawyers offer a comprehensive range of services to clients facing DUI/DWI charges, including:

  • Case Evaluation: We'll conduct a thorough review of the details of your case, including the circumstances of your arrest, the evidence against you, and any potential defenses available.
  • Defense Strategy Development: Based on our assessment of your case, we'll develop a strategic defense strategy aimed at challenging the prosecution's evidence and protecting your rights.
  • Court Representation: Our DUI attorneys will represent you in all court proceedings, including arraignment, pretrial hearings, and trial. We'll advocate fiercely on your behalf to achieve the best possible outcome for your case.
  • License Suspension Defense: If your driver's license is at risk of suspension due to DUI/DWI charges, we'll work to challenge the suspension and help you retain your driving privileges.

Schedule a Free Consultation with Our DUI Attorney in Nashua

If you are facing DUI charges in New Hampshire, do not hesitate to call the Nashua DUI attorneys at Bernazzani Law. We know how stressful this situation must be for you and will provide the strong legal support you need to get through it.

Call (603) 261-2214 or contact us online to schedule your free, confidential initial consultation with a Nashua DUI attorney. 

Client Testimonials

  • "They made our process smooth and easy."

    Xiorli Bernazzani and her firm were a pleasure to work with. They made our process smooth and easy. Thank you Xiorli and all of the staff at your firm!!!!

    - Denise J.
  • "Great law firm and Attorney Naro is excellent counsel."

    Great law firm and Attorney Naro is excellent counsel. He is definitely very attentive to his clients. Thank you!!

    - Marilyn R.
  • "He’s very knowledgeable about every aspect of the law and always goes above and beyond."

    Attorney Tony Naro is absolutely incredible. Not only is he a nice guy, but he’s honest and fair. He gives you realistic expectations. He genuinely cares about his clients and not just getting paid. He’s very knowledgeable about every aspect of the law and always goes above and beyond. He’s just the best out there!

    - Britney G.
  • "If you need a law firm and an attorney, this is the man you need to contact."

    Tony Naro from Bernazzani Law is by far the best attorney I have worked with for my divorce case. He is well educated, easy to work with, knowledgeable, prompt, and most of all a super nice man. If you need a law firm and an attorney, this is the man you need to contact. The whole firm as well are very good to work with. I will use him again if I ever need it. Thank you so much Tony Naro for your service as well as the whole firm.

    - Darren R.

    What Sets Us Apart From The Rest?

    Bernazzani Law is here to help you get the results you need with a team you can trust.

    • Reasonability
      Some attorneys portray themselves as bulldogs. However, being overly aggressive is not always effective. When a fight is necessary, we fight. But when it is clear that a negotiated or mediated solution can yield better results — and the client wants this — we do not hesitate to follow the more fruitful path.
    • Advocacy
      This is another way of saying "we've got your back." Retain our firm, and we will advocate for you in the strongest possible manner. We are dedicated to helping you and your family.
    • Flexibility
      Our training and experience as mediators, negotiators and litigators give us a full suite of options to bring to your legal problem. Whether a court fight or a mutually agreeable solution is in your best interest, we are flexible enough to serve you. We make ourselves available by email, phone and through our helpful and competent staff.
    • Empathy
      We listen to our clients, and we relate to their problems — always providing clients, and their concerns, the time and attention required. We believe that understanding our clients is vital to helping them resolve those problems.