Exeter DUI Lawyer

There is no legal distinction between OUI, DUI or DWI in NH. New Hampshire law makes it a crime for a person to drive or attempt to drive a vehicle while "under the influence of intoxicating liquor or any controlled drug" or any combination of alcohol and drugs. It also makes it a crime to operate a vehicle with an alcohol concentration of 0.08 or more (or, if under age 21, 0.02 or more).

Regardless of what it is called, a conviction will have serious and long-term consequences and can result in large fines, a loss of driver's liscense, and even jail time. Click for more information about DUI penalties.

DUI Penalties in New Hampshire

The penalties for a DWI or DUI conviction in New Hampshire will vary depending upon the nature of the charge, the driver's motor vehicle history, and the facts and circumstances of the case. 

There are mandatory minimum sentences for all NH DWI charges.

An ALS or Administrative Suspension may extend the loss of license beyond what the court orders.  In addition to the court's sentence in a DWI case, the New Hampshire DMV may take administrative action to suspend your license or impose requirements before your license is reinstated.  This is often referred to as the administrative license suspension or "ALS".  An administrative suspension may be longer than the loss of license ordered by the court, and, in the case of a refusal, will be consecutive to any court-ordered loss of license. 

An experienced NH DWI lawyer may be able to challenge the administrative suspension, or get it withdrawn.

Under 21 - Alcohol & Drugs in NH

In New Hampshire, any person who is not yet 21, who is convicted of "any offense involving the sale, possession, use, or abuse of alcohol" may have his or her license suspended, revoked or denied. If you are under 21 and charged with Driving while Intoxicated or Under the Influence, click here:Under 21 DWI

A license loss can also result from:

• Intoxication ("internal possession" or unlawful possession of alcohol)
• Using a Fake ID
• Attempting to Purchase Alcohol
• Transporting Alcohol (even closed containers)
• Open Container violations

If you are under 21, you could lose your license for 90 days or more for a first offense, and from 6 months to 2 years for a subsequent offense.  

Even if you do not hold a NH license, many states will honor a license revocation or suspension issued by the NH DMV.

There can also be significant fines. 

In addition, a person under age 21 can lose his or her license for any drug related offense, regardless of whether a motor vehicle was involved.  Depending on the charge, a license loss can be mandatory. But in many cases, the judge can instruct the DMV not to suspend a person's license. 

For these reasons, what offense the prosecutor charges, and what sentence the judge imposes, can often be critical factors in determining the amount of the fine, and whether there will be a loss of license. A lawyer may be able to negotiate with the prosecutor to change the charge or convince a judge to impose a loss of license.

If you are a student, or the parent of student who is under 21 and has been charged with a DWI in NH, or any other alcohol or drug related offense, give us a call. We routinely appear in the NH District Courts and are experienced in handling these types of cases.

Inquiries sent to help@swnhlaw.com are typically answered within 24 hours.