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Home Accidents & Personal Injury Bankruptcy Consumer Law Criminal Law Divorce & Family Law Estates Real Estate Small Business Wills & Powers of Attorney Workers' Compensation About the Firm Our Expertise Our Attorneys Our Clients Legal Tidbits Recent Cases News Links Contact Us		New Hampshire's DWI Laws as of January 1, 2005 Effective January 1, 2005, a person accused of DWI, first offense, is now a criminal charged with a Class B Misdemeanor. If it is a second offense within the past 10 years, it is a Class A Misdemeanor. Incredibly just an hour after the law took effect, Bruce Roundtree was driving his Ford Expedition with his girlfriend and ran into a telephone pole. She has life threatening injuries and Mr. Roundtree is being held on $100,000 bail. DWI has always been a serious matter but now it is crime at all levels. Here are some highlights of the new law: A DWI first time offense is now a Class B Misdemeanor subject to: minimum fine of $500 and up to $1,200; license revocation for not less than 9 months and up to 2 years; (At the Court’s discretion that revocation may be reduced by 6 months providing the driver enters a relevant driver education program within 45 days of conviction.) possible additional alcohol/drug treatment; possible random urinalysis. Although some judges often did require additional alcohol counseling like AA, it was not permitted by statute but that has now been changed and the judge may order additional counseling in addition to successful completion of an Impaired Driver Intervention Program. The good news is that the Class B Misdemeanor may be reduced to a violation (not a crime) upon a motion to the Court after one year. Granting the reduction will depend upon such factors as subsequent driving record, evidence of alcohol treatment, the hardship a criminal record may cause, and anything else the Court deems relevant. Running along with the criminal charge is the Administrative Loss of License procedure with the Department of Safety, Division of Motor Vehicles. If you have been arrested for DWI, refused a breathalyzer test or other field sobriety tests, or blew over a 0.08, you will lose your license or right to drive in New Hampshire 30 days from the date of the incident unless you appeal to DMV. If you appeal on the 28th day, a hearing will be scheduled but your license will be suspended on the 30th day until the hearing. There are a number of options available to an attorney aside from a trial and not guilty verdict. However, it is in your best interests to call an attorney immediately. The sooner you do the more options that are available to you. If you would like more information on this subject or if you have a specific question about this subject, feel free to call Attorney Roy Weddleton at (603) 228-1151 or e-mail him at roy@granitelaw.com.
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