Appealing Your License Suspension in New Hampshire

Posted by Ryan Russman | Oct 28, 2013 | 0 Comments

You have the right to appeal the suspension and try to get your license reinstated. This appeal must be made within 30 days of original date of the license suspension. You must make the request in writing and the request must explain your grounds for the appeal as well as provide a statement of evidence that you wish the administrative board to consider.

The appeal will be limited to considering the following information according to the New Hampshire statute 265:31 section two:

“(a) Whether the officer had reasonable grounds to believe the arrested person had been driving, attempting to drive, or was in actual physical control of a vehicle upon the ways of this state or operating or attempting to operate a boat on the waters of this state or was driving, operating, attempting to operate, or in actual physical control of an OHRV while under the influence of intoxicating liquor, narcotics, or drugs; (b) The facts upon which the reasonable grounds to believe such are based; (c) Whether the person had been arrested; (d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under 21 years of age, 0.02 or more; (e) Whether the officer informed the arrested person of his or her right to have a similar test or tests conducted by a person of his or her own choosing; and (f) Whether the officer informed the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the alcohol concentration level specified in R.S.A. 265-A:2 or R.S.A. 265-A:3 would also result in suspension.”

You will receive a decision within 15 days of the hearing, and can appeal the decision if it is not favorable, however, your license will not be reinstated during the appeal process.

It is imperative that you request the hearing. If you do not, the license suspension is automatic. You will most likely have your license suspended for six months for a first offense and two years for any subsequent offenses.

What About a License from Another State?
If you have a suspended driver's license from another state and you attempt to drive in New Hampshire, you will be found guilty of a misdemeanor unless you are involved in an injury accident, in which case you can be charged with a felony. If your New Hampshire driver's license has been suspended and you attempt to obtain or already possess a driver's license from another state, you will also be found guilty of a misdemeanor or of a felony if you are involved in an injury-causing accident.

After Your License Is Reinstated
Once you have served the suspension and your license is reinstated, you will be issued a probationary license for a period of at least five years. During the time that you have a probationary license, your alcohol concentration limit is not allowed to be more than 0.03 percent and if you are convicted of a DWI during that time, your license will be suspended for 90-180 days in addition to whatever suspension is enforced by the court at your sentencing. If you refuse to take an alcohol concentration test while you have a probationary license, your license will automatically be administratively suspended for 90 days.

In summary, do not drive while your license is suspended. Yes, it makes your life more difficult in every area to not be able to drive, but if you drive with a suspended license, you will not only jeopardize your impending court case, but you will become mired in legal issues.

This post contains excerpts from The DWI Book, the definitive guide to protecting your rights in the face of New Hampshire's tough DWI/DUI laws.

About the Author

Ryan Russman

Attorney Ryan Russman has dedicated his career to fighting for the rights of New Hampshire citizens. His practice, based in Exeter (Rockingham County) New Hampshire, is limited to cases involving DWI and DUI, other motor vehicle and criminal cases, and many cases involving personal injury. He is, however, best known as one of New Hampshire's leading legal authorities on DWI.


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