Administrative Hearings in New Hampshire

How to Request an Administrative Hearing in NH

A person who loses their license due to a DWI arrest can request an administrative review or hearing in order to fight the revocation or suspension. There are two ways that administration license suspension occurs after a DWI arrest. They include:

  • The suspect refuses a sobriety test
  • The suspect submits to a sobriety test and has an alcohol concentration of 0.08 or more if they are over 21 or 0.02 more if they are under 21

Under New Hampshire law RSA 265-A:30, a request for an administrative hearing or review must be written and must state why the defendant feels that their license should not be suspended or revoked. There are a limited number of arguments that are accepted in this situation. It is also important for a DWI suspect to understand that they only have 30 days after the arrest to submit such a request.

Administrative Review – If a DWI suspect requests an administrative review, they must file a written request along with other evidence that they want the department of motor vehicles to consider. The department will then review the evidence and the request and determine whether they believe that the defendant's license suspension should be canceled.

Administrative Hearing – If a suspect requests an administrative hearing, they will be able to appear person and argue their defense. They may represent themselves or have a lawyer present and can also request for the arresting officer to be present. A hearing must be held within 20 days after filing a request.

New Hampshire Administrative Hearing Defenses

At an administrative hearing or review, a DWI suspect can only argue certain reasons for requesting their suspension or revocation to be canceled. For example, arguing that a person really needs their license in order to drive to school is not a valid reason. Rather, a DWI suspect needs to convince the administration that the charges against them are not strong. Defenses that a suspect is allowed to use include the following:

  • The suspect was not actually driving or attempting to drive the vehicle at the time of their arrest
  • The driver was not formally arrested for their DWI related crime
  • The facts which the law enforcement officer based their DWI suspicion on were incorrect
  • The suspect did not refuse to submit to a sobriety test
  • The law enforcement officer did not inform the suspect, upon refusing a sobriety test, that a similar test  of their choosing could be performed instead
  • The arresting officer did not inform the suspect that the results their sobriety test refusal would result in suspension
  • The arresting officer did not inform the suspect that an alcohol concentration over the legal limit would not result in license suspension

After either the review or the hearing take place the hearing examiner will issue their recommendation regarding the suspect's license suspension or revocation within 15 days. In some cases an appeal may be able to be filed to this decision.

Get a DWI Lawyer to Fight Your Administrative License Suspension

If you have been arrested for DWI in New Hampshire, call attorney Ryan Russman right now for a free consultation. Not only can he help you with your criminal charges, he will do everything possible to stop administrative license suspension.