Driving While Intoxicated (DWI)

The state of New Hampshire has a very different process than Massachusetts as far as the court system and what they call an administrative license suspension (ALS). After you are arrested for DWI in New Hampshire you will be asked to take a breathalyzer test. If you fail this test or should decline this test, you will be given an ALS form and asked to sign it. This form serves immediate notice of license suspension effective 30 days from the date of service. Unless your license is currently under suspension or revocation, you will receive a thirty day temporary driving permit.

A person who has received this ALS notice may request a review at an administrative hearing or and administrative review. This request must be received by the Department of Motor Vehicles within thirty (30) days of the date of the arrest or else the request will be denied.

Hearings are held in Concord or Dover and you are allowed to bring an attorney with you for the hearing or review.

As demonstrated in the Massachusetts OUI section of the website, the examples used are applicable in New Hampshire as well. Please read those examples if you have not already. The principle that the least amount of evidence collected by the police to be used against you, the better. Why supply the officer’s with more evidence when you don’t have to? You’ll receive a better result possibly if you do not.

In New Hampshire, you are not afforded the right to have a jury trial in the district court. All trials are held in front of a judge, called a “bench trial”. The judge determines fact as well as law and determines sentences. If a defendant would like to have a jury trial, a guilty plea must be entered by the defendant and a request sent to the Superior Court for a jury trial.

Attorney Pamela Saia-Rogers has the experience and the skill to help you navigate through this difficult and confusing process and help you to achieve your desired result. Please look at the “results” section of this website.

Here is the statute for DWI and related offense in New Hampshire