New Hampshire Intoxicated Driving FAQ
Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in New Hampshire, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
In New Hampshire, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At MacDonald Law, our DWI/DUI defense lawyers are all prior law enforcement with hundreds of DWI/DUI arrests under their belts. They know better than most how to defend these cases and will work hard to help you beat a DWI/DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at (603) 712-5226 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. A BAC of 0.08 is considered evidence that a driver is over the legal limit in New Hampshire.
What are my rights during DWI/DUI traffic stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely,
- The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
- If you are a passenger, you are free to leave, unless you too are being specifically detained for some other valid reason.
- Field Sobriety tests such as the Horizontal Gaze Nystagmus (HGN or as it's sometimes called the “The Pen Test”), the Walk and Turn and the One Leg Stand are all voluntary. You cannot be forced to do these roadside tests.
If you are arrested or detained, you have additional rights, including Miranda warnings.
- You can say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a local phone call.
If you believe your rights were violated in any way, try to write down everything you remember.
Can I refuse a breathalyzer test in New Hampshire?
You can refuse a breathalyzer test.
Refusal, however, carries with it potentially significant consequences. Those consequences can include a license suspension. However, you are entitled to a separate DMV hearing on the alleged refusal.
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are designed to help police determine whether a driver is impaired or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence. But remember, these tests are completely voluntary!
Non-standardized FSTs include:
· Rhomberg Balance Test
- finger to nose test
- the finger count test
- the alphabet test
- the reverse counting test
After a DWI/DUI arrest in New Hampshire, will my driver's license be suspended or revoked?
There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions may suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance. But you are entitled to a separate civil hearing held in Concord, NH or Dover NH at the Department of Motor Vehicles.
The other type of suspension occurs if you are convicted of an intoxicated driving offense. Whether your driver's license will be suspended or revoked and for how long, depends on your BAC level, and whether this is your first offense.
What happens after a drunk driving arrest in New Hampshire?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances of your specific case. It's important to know that DWI/DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DWI/DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties. Imprisonment is rare for first offense DWI's, unless you are charged with Aggravated DWI. Jail Time is mandatory for subsequent offenses.
Can I still get auto insurance in New Hampshire after a drunk driving conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates may increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you will still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law.
Can I beat a drunk driving charge in New Hampshire?
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, an alleged DWI/DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal. These cases can be highly technical, as much as legally complex.
Can I just plead guilty to drunk driving?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not.
1. If you plead guilty immediately, you lose any opportunity to fight the DWI/DUI charge.
2. If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some cases, you may be able to plead down to a lesser offense.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DWI/DUI convictions will assuredly lead to harsher penalties to include jailtime.
Do I need a drunk driving lawyer in New Hampshire to win my DWI/DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and State expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DWI/DUI offenders do not have that kind of knowledge and skills.
How Much Does a DWI/DUI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
- More
On average, you can expect to pay anywhere between a $3,500 or upwards to $10,000 or more if the case is appealed. The more experienced lawyers will cost more, but they can save you more in the long wrong in terms of auto insurance and lost wages. The entire fee is often required up front by most law firms. At MacDonald Law we charge a flat fee to get you through the trial and administrative license suspension hearing.
Contact a DWI/DUI Defense Attorney in New Hampshire Today
At MacDonald Law, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact us at (603) 712-5226 to schedule a Free Consultation and get honest advice on your best legal options.
Meet our DWI/DUI Defense team!
Attorney Corey MacDonald has over 27 years of law and law enforcement and prosecutorial experience and has put together a team of professionals who are considered among the top in the state at representing their clients. Prior to practicing law full-time, Attorney MacDonald ran his practice part-time while serving for over 18 years in law enforcement. He spent most of his law enforcement career as a detective rising to the position of Chief of Detectives for the City of Portsmouth and then Deputy Chief of Police. He also served as the City Prosecutor for three years trying hundreds of cases throughout the District Court. MacDonald was appointed by Attorney General Eric Holder's administration as the Internet Crimes Against Children (ICAC) Task Force Commander for the State of New Hampshire. MacDonald received an honorable early retirement as the Deputy Chief of Police to run his growing law practice on a full-time basis.
Associate Attorney Fred Hoysradt brings valuable experience, perspective, and insight to the benefit of his clients having retired from a law enforcement career where he served as a Captain and regional SWAT team commander.
Criminal Paralegal Peter Sankowich has served over ten years in law enforcement with the Exeter Police Department and New Hampshire State Police where he served as a Patrol Sergeant, Field Training Officer and on the Special Events Response Team.

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