License Suspension in New Hampshire
One big question people recently arrested for DWI often have is how their licenses will be affected. This is a very valid concern because there are several ways that a DWI arrest can affect a suspect's ability to drive legally. Depending on the circumstances of their arrest, law enforcement may even take a suspect's license as soon as they are arrested.
Implied Consent Violations
When police suspect a driver is under the influence, an officer will ask them to take one or more sobriety tests. These can be either field sobriety tests or chemical sobriety tests. Under RSA 265-A:4 of New Hampshire law, a DWI suspect must submit to these tests when asked by an officer who has probable cause to believe the suspect is impaired. If the suspect refuses, this is a violation of implied consent. All drivers in New Hampshire give their implied consent to take a sobriety test in this situation. If a driver refuses any sobriety test, they will be penalized with up to 2 years of license suspension.
When a driver violates implied consent, their license placed on administrative suspension. Administrative license suspension can also occur if a suspect submits to a chemical sobriety test and is found to have an alcohol concentration that is over the legal limit. In New Hampshire the legal alcohol level limit for drivers over 21 is 0.08 and under 21 is 0.02. If a driver has a BAC over the legal limit, they will be sentenced to six months to 2 years of administrative license suspension. Unlike other forms of license suspension, administrative suspension begins as soon as a suspect is arrested.
If a driver from another state is convicted of DWI in New Hampshire, the New Hampshire Department of Motors Vehicles will revoke that driver's privilege of driving in the state. The DMV will also electronically or physically submit proof of the infraction to the offender's home state under RSA 265-A:29. It will then be up to that state to decide whether or not to enforce the license suspension.
In addition to violating implied consent and administrative suspension, a DWI suspect can also be sentenced to driver's license suspension if they are convicted of a DWI offense. RSA 265-A:18 states that a driver who is convicted of DWI can be sentenced to license suspension for a period of at least 9 months but not more than 2 years. Anyone convicted of aggravated DWI in New Hampshire will face license suspension of 18 months to 2 years. A repeat offender will face even greater periods of suspension depending on the number of prior offenses they have been convicted of.
DWI License Suspension Assistance
If you have been recently arrested in New Hampshire for suspicion of DWI, it is important that you take action immediately. You only have a limited number of days to act in order to fight administrative license suspension. Call our office now to find out more about stopping the suspension process.