Attorneys Cohen & Winters are experienced DUI lawyers in New Hampshire. Driving while under the influence (usually called “DWI” or “DUI”) is defined in RSA 265-A:2. There are two basic ways that a driver can be guilty of DWI in New Hampshire: First, if the driver is operating a motor vehicle on a public way while under the influence (defined as “impaired to any degree”) of alcohol, a controlled drug, a prescription drug, an over the counter drug, or any other substance; Second, if the driver’s blood alcohol content is .08 or greater (.02 or greater if the driver is under the age of 21).

The penalties for DWI are stated in RSA 266-A:18 and largely depend on whether the driver has prior convictions, or the presence of certain aggravating factors. Some common aggravating factors are: if the blood alcohol content (BAC) was .16 or greater; if the driver was speeding; or if there was an accident or injury. The penalty scheme is complicated and there are many different variables that dictate the level of the offense, the maximum possible punishment, and the mandatory minimum punishment.

The mandatory minimum penalty is the lowest possible punishment that the judge must impose if the defendant is found guilty. For example, a driver over the age of 21 with no prior DWIs and no aggravating factors is subject to a maximum punishment of a two year loss of license and a $1,200 fine. The mandatory minimum punishment is a nine month loss of license and a $500 fine. It is also mandatory that the driver complete a required alcohol class.

In addition to any loss of license imposed by the judge, if a driver either refused a breathalyzer or blood test, or submits to the test and has a BAC of .08 or higher (.02 or higher if the driver is under the age of 21), the Division of Motor Vehicles will impose an additional loss of license known as an administrative license suspension. Unlike the loss of license imposed in court, this administrative license suspension is generally imposed thirty days from the date of the arrest and if the driver does not file to challenge it within thirty days the right to do so is waived.

Benefits of Hiring DUI Lawyers in New Hampshire

Defending a DWI is complicated and there can be many serious consequences if found guilty. This summary only touches on some of the basic issues but not nearly all of them. If you or a loved one are facing a DWI in the state of New Hampshire, it is important to consult with an experienced NH DWI lawyer as soon as possible.

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If you or someone you love has been charged with DWI/DUI, you need the top DUI lawyers in New Hampshire of Cohen & Winters. Contact us today for your free consultation.

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