During a DUI arrest, motorists might face an immediate revocation of their driver’s license known as an administrative license suspension (ALS), and per the New Hampshire Division of Motor Vehicles (DMV), this can happen due to a suspect refusing to take a breath, urine, or blood test or if the results of these tests show that the driver’s blood alcohol content (BAC) exceeds the legal threshold. However, drivers may request a hearing or review with the DMV to challenge the validity of the license suspension. Learn what drivers can expect at a DMV hearing in NH after getting arrested for a DUI offense, and discover how Friedman & Bresaw, PLLC might assist motorists looking to fight an ALS; call our legal team today at (603) 707-4800 to discuss defense strategies with a dedicated and accomplished New Hampshire DUI defense lawyer.
Is Your License Suspended Immediately After a DUI in NH?
The police require motorists to submit to chemical testing upon arrest, and if the driver refuses or exceeds the BAC limit, they face an immediate ALS lasting 180 days if it is their first offense or two years for a subsequent one, which is effective 30 days after arrest. If convicted, a motorist receives an immediate license suspension lasting for nine months. A court may extend this to a maximum of two years if they feel this is appropriate.
What Happens After Drunk Driving Arrest?
Following a DUI stop, a police officer may arrest the motorist for a DUI offense if they have probable cause, meaning a legal reason to do so, established by field sobriety and Breathalyzer test results, as well as observations made by law enforcement officials. Upon arrest, the police will take the motorist into custody (a state police barrack or police station), where a law enforcement officer will outline the next steps in the legal process, including ALS procedures. The police officer then decides which chemical test to request the motorist to take (breath, blood, or urine), and the driver decides whether or not to submit to them; refusing the test or submitting and achieving a result that exceeds the per se limit of 0.08% for motorists aged 21 or older, as outlined by the National Highway Traffic Safety Administration (NHTSA), or 0.02% for drivers aged under 21 triggers an ALS.
If the driver meets the requirements for an ALS, the police officer provides the motorist with an ALS form, which gives them temporary driving privileges for 30 days, and it is during this period that motorists can request a hearing/review with the DMV to dispute the ALS. In custody, law enforcement may book the person, where they record their personal information and take a mugshot and fingerprints. Depending on the case, the police may release the individual on bail and give them bail paperwork containing details concerning the initial court hearing (arraignment) while they await legal proceedings against them.
What Happens With a First Offense DUI in NH?
A first offense in New Hampshire is not usually a felony (unless there are aggravating factors or if the offense caused an accident killing or injuring another) but a class B misdemeanor, which is still a criminal offense. In addition to a license revocation, the convicted driver can face a maximum fine of $1,200 and mandatory participation in an impaired driver intervention program (IDIP). A motorist who begins this program no later than 45 days from the conviction date may recover their driving privileges after finishing the IDIP.
If the court thinks it is appropriate, it may require the motorist to complete counseling and seek alcohol abuse treatment while also submitting to randomized testing (such as urinalysis) to ensure compliance with court-ordered terms. Due to alcohol consumption being illegal for drivers aged under 21, these motorists face additional penalties in the form of a longer license suspension (lasting for at least a year) and the requirement to seek counseling and alcohol abuse treatment. Contact a DUI defense lawyer from Friedman & Bresaw, PLLC today to understand more about what a DMV hearing in NH entails.
Administrative Reviews Vs. Administrative Hearings
Two ways of appealing an ALS exist, namely an administrative review or an administrative hearing. The former involves a motorist submitting a written request with supporting evidence to the DMV, and after reviewing these documents, the DMV then determines whether they will cancel the suspension or let it stand. By contrast, the latter is an in-person hearing providing drivers with an opportunity to argue their case directly.
During an administrative hearing, the driver can represent themselves and may request the police officer who arrested them to attend. Alternatively, the motorist’s legal team can present arguments on the driver’s behalf. Administrative hearings must take place no later than 20 days after requesting one, and a hearing examiner must recommend whether to cancel or maintain the suspension no later than 15 days after the hearing.
What Are Valid Arguments To Use During a DMV Hearing in NH?
Motorists looking to appeal an ALS via an administrative hearing/review can only rely on certain arguments. For instance, stating that they need their driving privileges to attend work, college, or school or run errands would not be an effective defense.
Instead, effective arguments raise questions concerning the strength of the charges against the driver. Some notable examples include the motorist not driving or attempting to operate the motor vehicle during the DUI stop/arrest, the motorist not receiving formal DUI charges, factual errors such as whether the motorist refused chemical testing, or law enforcement not informing the driver of alternative chemical testing, the consequences of chemical testing refusal, or the implications of exceeding the BAC limit in chemical testing. In the event that the driver is unhappy with the results of the hearing, they might be able to file an appeal.
Find Out How an Experienced DUI Defense Lawyer Can Help
Post-DUI arrest, the state may prosecute the driver if there is sufficient evidence against them, and the motorist might receive an automatic driver’s license revocation (typically lasting for 180 days for an initial offense or two years for multiple offenses). A license suspension may severely impact a person’s life, preventing them from completing daily activities and earning an income, but successfully challenging an ALS is possible provided the motorist meets the requirements for doing so. Find out more about what happens during a DMV hearing in NH after a DUI arrest, and explore the options available to drivers seeking to dispute an ALS by contacting Friedman & Bresaw, PLLC; call us today at (603) 707-4800 to schedule a case review with a seasoned New Hampshire DUI defense lawyer.
