If you are convicted of aggravated DWI or second/subsequent DWI in New Hampshire, you will be ordered to install an interlock device in your car before you can drive again. This costs around $100 a month and you will need it for 1-2 years. You need it on any car you drive. The machines are presently not smart enough to know who is driving, so anyone who uses the car/vehicle will have to blow into it. If the machine determines you drove with alcohol in your system, it will flag it and the car will not start/ will shut down. You can be called in to the DMV for a hearing regarding a positive result. Even though the machine has false positives, especially things like cologne, you can still lose your license for testing above the low limit. (Also, you will have been on probationary license and your legal limit is well below .08).

Even if you are found guilty of a first offense DWI, the judge has discretion to order you to install the interlock before you get your license back. If you manage to not have the judge order an interlock, under the new laws the DMV can still call you in for an interlock hearing. They are particularly likely to do this if you have a previous alcohol related offense, if your aggravated dwi was reduced to a standard dwi, or if you had a second offense reduced to a standard dwi. If you get invited to one of those DMV hearings, you have the right to hire a lawyer to represent you. I have been told that the DMV has been ordering interlocks in around 50% of the hearings where people show up and can demonstrate the public would not be safer with one. (If you ignore the hearing, you are probably close to a 100% likely to get the interlock ordered and required before you can get your license back. )

Pretty much the only sure way to not get an interlock device is to not be found guilty of driving while intoxicated.

Its summer time, and that means DUI checkpoints are on the rise in New Hampshire. In order to do a DWI checkpoint in NH, the police must apply to the superior court and lay out how the checkpoint will be conducted. Such as, will every car be stopped, etc. The police must also give warning about the checkpoint. Some police websites notify that they will be doing them, and some newspapers mention it. Certain police departments tent to do them more than others. Some of the ones I have seen recently include the State police, Concord, Hudson, and Manchester.

If you were arrested at a DUI checkpoint and are going to fight your case, you must be prepared to argue the sobriety checkpoint did not meet constitutional requirements. A motion to suppress should be filed prior to trial and you must get the application that was made to the Superior Court to see if the checkpoint exceeded its parameters.

If if the checkpoint was valid, there usually is not bad driving at a checkpoint. To obtain a DWI conviction, the state will want to show your ability to drive was impaired due to alcohol. By showing your driving was normal, you can build up your best defense to obtain a not guilty verdict. If you were stopped at a checkpoint and are going to fight your case, give one of our NH DUI Lawyers a call to discuss your defenses.

If you are charged with DUI in New Hampshire, one of your highest priorities is probably to keep your license. The only way to keep your license is to not be found guilty of DWI. Besides going to trial and being found not guilty, certain plea bargains could avoid a license loss. One such charge is negligent driving. Negligent driving does not have to have a license suspension associated with it in NH. If the DWI gets dismissed for negligent driving, you can walk out of court with your license.

However, it is incredibly difficult to get a DWI reduced to negligent driving. You are probably more likely to be found not guilty after trial with a good lawyer. I have received many not guilty verdicts. But, out of hundreds of cases I can probably count the number of negligent driving pleas on one hand. If you have a good case, most prosecutors would rather just go to trial than to offer something with no license loss. It really takes a lot to get an offer of negligent driving such as a breath test below the legal limit, a problem with the breath/blood test, passing field sobriety tests, or a problem with the prosecutor proving you were driving. Even if the prosecutor offers a negligent driving, the judge still must accept the plea. Judges are often hesitant to accept this plea, and you must explain why it is a fair outcome. This past week I had a DWI reduced to negligent driving, and the judge asked the prosecutor if it was a fair outcome to not have a license suspension. After the prosecutor and I explained the reasons behind it, thankfully the judge accepted the plea bargain, and the client got to drive home.

Sometimes, people plead guilty to DWI without an experienced lawyer and later have buyers remorse. Unfortunately, at that point, it is almost impossible to undo what you have done. (However, a plea has to be knowing, intelligent, and voluntary, and I have set aside a guilty plea before, but it is incredibly difficult to do). Before you plead guilty, you should at a minimum know what the penalties are. If you plead guilty to a first offense DWI in NH, you will lose your license. There is no work permit or hardship license. You will have to pay a fine and you will have to complete an alcohol program, and any recommended counseling before you get your license back. You will have a criminal record and if there is another dwi, the consequences include mandatory jail time and a minimum 3 year license loss.

Once you know what you are facing, you should speak with a New Hampshire dui lawyer to see what defenses you have. Many cases that seem difficult can be won with the right defense. If you gave a breath test, you need to get the breath tubes independently tested. If you gave a blood test you need to see if it was done properly or if alcohol could have fermented in the blood.

In many cases a plea could be in your best interest. This is particularly true where you are facing an aggravated dwi or second offense dwi and your lawyer is able to get the charge reduced to a first offense dwi. Having an experienced dui attorney who has handled hundreds of cases can help you get an idea of what the penalties will likely be if you are found guilty versus pleading guilty, or your chance of winning at trial. An experienced lawyer and one who is willing to go go trial and has a record of getting not guilty verdicts will often get better pleas than someone who just pleas every case, or worse yet, when someone is representing themselves. With so much at stake, can you afford not to hire a good dwi lawyer?

For most people charged with DWI, it is their first arrest, and I understand you worry about all the potential consequences. If you are charged with only a standard first offense DWI in New Hampshire, the good news is you cannot go to jail (unless you don't pay the fines in which case you can go to jail at the rate of $50 per day to serve off the fine). The bad news is, you cannot have a public defender, and you will have a criminal record if you are convicted (besides losing your license, having to pay fines, and completing alcohol programs before you get your license back).

If you are charged with any type of DWI other than a standard first offense DWI, there is mandatory jailtime if you are found guilty. The other types of dwi with mandatory jail time include aggravated DWI, second offense/subsequent offense, and felony DWI. If does not matter how compelling your reason is to not go to jail (such as a disability, taking care of children/parents, or that you have never been to jail before). If you are found guilty, the judge must send you to jail. The only question is will you be going for 5 days or a year or more.

The best way to not go to jail is to not be found guilty of any of the dwi charges that have jail time. This could include being found not guilty at trial, or having the dwi reduced to something that does not have jail time associated with it. Hiring an experienced New Hampshire DUI lawyer will give you the strongest chance of staying out of jail. Attorney Hynes has had many not guilty verdicts and has had many jailable offenses reduced to non-jailable convictions. Please note, each case is different, and it is impossible to get every case reduced.