Drunk driving cases are extremely complex. There are technically two separate cases: a civil case and a criminal case. Driver’s license suspension is a potential outcome in both cases. If you want to protect your driving privileges, you need a lawyer with experience in both areas. You will find that lawyer at Follender Law Offices, P.L.L.C., in Nashua, New Hampshire.
The Administrative License Suspension Hearing
The civil case is overseen by the Department of Safety in New Hampshire. As soon as you are arrested because you blew .08 or above in your breath test, your license will be taken away by the arresting officer. If this was a first offense or refusal for driving under the influence (DUI), your license suspension will last 180 days. Repeat offenses lead to longer suspensions.
Upon your arrest, you will be given a pink form that will allow you temporary driving privileges for 30 days. During this time, you will have the right to request an administrative license suspension (ALS) hearing to challenge the suspension. This hearing is completely separate from the criminal procedure. It is not contingent upon the results of your criminal case. You are likely to have your license suspended even if you are not found guilty of DUI.
We have the experience and skill to represent you in your ALS hearing and help you maintain your driving privileges. While the ALS hearing is separate from your criminal case, we have the ability to use it to set the stage for the criminal case, doing everything possible from day one to minimize all consequences of the DUI charge.
The Criminal Case
A first offense DUI conviction can lead to a license suspension of between nine months and two years. Subsequent convictions lead to longer suspensions and jail time. These suspensions are in addition to the administrative license suspension.
In the criminal case, we have even more opportunities to challenge the case against you. We can question whether the arresting officer followed procedure on everything from the traffic stop to the administration of the Breathalyzer test or blood test. Our decades of experience mean that we know how to find the weaknesses in evidence that may seem strong on the surface, leading to dismissal of cases or reduction in the length of driver’s license suspension or jail time.