Administrative License Suspension In NH as a Result of DUI Arrest
When you are arrested for DUI in New Hampshire, you may be subject to an administrative process to suspend your driver’s license through the Division of Motor Vehicles. This license suspension may occur even without being convicted of the underlying DUI.
There are three scenarios where the State will seek to take away your driving privileges:
(1) if you refuse a breath or blood test from the arresting officer;
(2) you take the breath or blood test and your breath or blood alcohol level is greater than .08;
(3) you’re under 21, you consent to the breath or blood test and the alcohol concentration of the test is greater than .02.
This administrative process is separate from any criminal charges. For a first offense DUI, you can have your driver’s license suspended administratively for up to six months. For a second offense DUI, the State can suspend your license for up to two years. This administrative license suspension cannot be combined with any additional license suspension you may receive as a result of a conviction for criminal charges. Both license suspensions must be served separately under the law.
You must challenge the license suspension within 30 days of the notice of the license suspension if you wish to do so. An Administrative License Suspensions can be challenged on many of the same grounds that you would challenge the underlying arrest for DUI. The police must also prove certain statutory and administrative requirements at a hearing for the license suspension to be upheld. The license suspension is dropped if the police cannot meet these requirements.
Contact Attorney David C. Tencza Today
Contact the Law Office of David C. Tencza today for a free initial consultation if you have been arrested for DUI in New Hampshire. Attorney Tencza will explain the ALS process to you so that you have a better understanding of what to expect going into the hearing. He will also be able to begin to assess whether you have any potential defenses to the charge.