New Hampshire Administrative License Suspension
When you are arrested for driving while intoxicated (DWI) in New Hampshire, you may face penalties from both the criminal court and the Department of Motor Vehicles. While the criminal court may sentence you to jail time, fines, and alcohol education courses, the DMV has the power to take your license away—even before you are found guilty of drunk driving! In order to avoid an automatic administrative license suspension, you must immediately contact an experienced DWI defense attorney to request a hearing.
During a drunk-driving arrest, you may be asked to submit to a breathalyzer test in order to determine your blood alcohol content (BAC). If your BAC is above .08% or you refuse to take the test, the arresting officer can confiscate your license. You will also be issued a pink form that notifies you of your pending administrative license suspension, explains the procedures associated with requesting a hearing, and serves as a temporary driving permit for 30 days.
You have only 30 days to request a hearing with the DMV. This hearing is conducted by a DMV employee who serves as the judge. Both sides may introduce witnesses to testify on their behalf, as well as any applicable evidence. The hearing officer will produce documents, which include police reports, the arresting officer’s affidavit, and breathalyzer results.
Typically, the decision regarding your license will be made several days after the hearing. If your request is denied, you can appeal the DMV’s decision.
Dealing with a New Hampshire administrative license suspension can be a difficult process, which is why having a defense attorney on your side is advised. Your attorney can help you submit the hearing request, obtain proof that it was received by the DMV, and represent you during the hearing. If you don’t act quickly, your license can be suspended for 180 days if this is your first DWI or breathalyzer refusal.