If you have been arrested in New Hampshire and charged with driving while impaired (DWI), also known as driving under the influence (DUI), you are facing two (2) separate prosecutions; the Court and the Division of Motor Vehicles (DMV). The DMV prosecution, called an Administrative License Suspension (ALS), is imposed if you either (1) refuse a post-arrest alcohol concentration test (blood, breath, or urine), or (2) submit to a test which discloses an alcohol concentration of .08% or more, or .02% if under the age of twenty-one (21). The ALS is unrelated to the Court action and can result in a six (6) month loss of license, or a two (2) year loss if you have a prior DWI or a prior “refusal”.
At the ALS hearing, you have the right to argue for restoration of your driving privileges. The ALS hearing may provide a crucial opportunity for your New Hampshire DWI defense lawyer to examine the evidence against you, cross-examine the State’s witnesses, and review and confront the evidence presented by the individuals who participated in your arrest.
You have the right to request an ALS hearing within thirty (30) days of your arrest or receipt of the alcohol concentration test results. Failing to request an ALS hearing within the prescribed period of time will result in your license being suspended by the DMV. You will not be provided another opportunity for an ALS hearing once your timeframe has lapsed. Accordingly, it is critical that you contact the New Hampshire DWI defense lawyers at Tenn And Tenn, P.A. immediately after being arrested for DWI, so that an ALS hearing may be requested on your behalf to preserve your rights.
The Administrative License Suspension hearing is a civil hearing and cannot result in a criminal conviction. However, the penalties for not requesting an ALS hearing or for losing your ALS hearing are significant. The New Hampshire DMV will suspend your driver’s license for one hundred eighty (180) days for a first offense DWI. If however, you have previously been convicted of DWI or have previously refused a BAC test, the ALS suspension will be a two (2) year loss of license.
If you are facing an Administrative License Suspension (ALS) in New Hampshire as a result of a DWI charge, it is in your best interest to immediately contact the experienced DWI defense lawyers at Tenn And Tenn, P.A.. An ALS in New Hampshire can result in a significant period of license loss which loss can impose a great hardship to you. Do not delay, contact the DWI defense lawyers at Tenn And Tenn, P.A. today at 1-888-511-1010 for a free telephone consultation of your New Hampshire DWI defense case.
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