A New Hampshire drunk driving arrest is no joke – a motorist accused of driving under the influence faces jail, fines, and driver’s license suspensions. The repercussions of a DUI / DWI arrest are severe, but not unavoidable if the driver has expert legal representation. The skilled attorneys of 1. 800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation to outline an aggressive defense plan designed to minimize or even eliminate the consequences of a New Hampshire drunk driving arrest.

A New Hampshire DUI / DWI arrest actually generates two separate cases – in criminal court, and at the Division of Motor Vehicles. Both cases require expert legal representation, but the DMV case is far more time-sensitive. A motorist accused of drinking and driving must request an administrative hearing within 30 days of arrest, or risk having his or her driver’s license automatically suspended for six months.

The criminal case triggered by a New Hampshire driving under the influence / driving while intoxicated arrest can be charged in two different ways. The first is the common-law drunk driving case, which alleges that the motorist was too impaired to drive safely because he or she was under the influence of alcohol, drugs, or a combination of the two.

The prosecutor will use evidence of driving pattern, physical appearance, and field sobriety test performance as circumstantial evidence to show impairment at the time of driving. However, all of this evidence can be effectively challenged by an experienced New Hampshire drunk driving lawyer.

A New Hampshire DUI / DWI case also can be pursued as a violation of the state’s “per se" laws. This type of drunk driving charge focuses only on whether the driver had a blood alcohol content (BAC) of .08 percent or greater. This case is typically proven through chemical test results. The results of chemical tests can also be successfully challenged.

Unfortunately, drivers charged with a first-offense DUI / DWI in New Hampshire don’t have the right to a jury trial. Those charged with an aggravated first-offense drinking and driving, or multiple-offense drunk driving, do have the right to a jury trial.

The consequences of a drunk driving conviction in New Hampshire have grown progressively harsher. First-time DUI / DWI drivers don’t face jail time unless they have a BAC of .16 percent or greater or other aggravating factors are present. However, the driver faces a fine of $350 to $2,000 plus penalty assessments, a license suspension of 90 days to two years, and mandatory driving school.

First-time drunk drivers with a BAC of .16 percent or greater, or other aggravating factors, face up to a year in jail, a fine of $500 to $2,000 plus a 20 percent penalty assessment, a license suspension of one to two years and a mandatory seven-day in-patient treatment program. Motorists who drove more than 30 mph over the speed limit or who tried to evade the police also will face aggravated DUI charges.

A motorist convicted of drunk driving for a second time in New Hampshire faces three days to one year in jail plus an in-patient seven-day treatment program. The driver also must pay a fine of $500 to $2,000 plus penalty assessments and faces a three-year license suspension.

Drivers convicted of a third DUI / DWI in New Hampshire face up to one year in jail, a 30-day residential treatment program, a fine of $500 to $2,000 plus a 20 percent penalty assessment, and a seven-year driver’s license suspension. A fourth drunk driving arrest will be charged as a felony punishable by up to seven years in state prison.

Obviously, the stakes are high in a New Hampshire DUI case, but it’s important to realize that drunk driving cases can be fought and won with expert legal help. Anyone arrested for drinking and driving should consult with a skilled New Hampshire drunk driving defense lawyer from 1.800.NOT.DRUNK and www.NotDrunk.com as quickly as possible following an arrest for suspicion of DUI.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.