Charged with Drunk Driving in New Hampshire? Call Our Nashua DWI Lawyers
DWIs, also known as DUIs or OUIs, are 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.
New Hampshire DWI Penalties
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 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 a year in jail. 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
New Hampshire Aggravated DWI Penalties
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
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 offence 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!
Is it Illegal to Refuse a Breath Test in New Hampshire?
New Hampshire is an implied consent state. 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.
Schedule a Free Consultation with a DUI Attorney in Nashua
If you are facing DUI charges, 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.
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.
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.
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.
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.