Driving Under the Influence
Have you or a loved one been charged with drunk or drugged driving? There are many variations on this charge. There governing law includes many statutes. Statute RSA 265-A:2 - Driving Under the Influence of Drugs or Liquor - includes first time offenders, underaged, second offense, third offense, fourth or subsequent offense. Statute RSA 265-A:3 - Aggravated Driving While Intoxicated - carries enhanced penatlies for excessive speed, causing serious bodily injury, elluding police, having passengers under age 16, and driving a vehicle over 10,0001 pounds. Statute RSA 265-A-18 outlines the potential penalties for the different variations of these charges. Penalties range from a monetary fine not less than $500 with a reduced loss of licens of 3 months and a required drug and alcohol program all the way up to required jailtime, 7 year loss of license and a required drug and alcohol program. All variations will require special insurance, called an SR-22, when the license is restored.
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We understand that the idea of losing your driver's license and the consequences are overwhelming. We are here to help. There are ways to challenge the arrest and the evidence against you, the accuracy of the test or tests. Just because you were charged does not mean you will be convicted. Many DUI are resolved as an alternate lesser charge or reduced charge. Depending on the facts, you may have a legal issue that could even dispose of your case.
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It is important to get legal assistance as early as possible in the process. There are two different license suspensions you could potentially face. A DUI conviction itself carries a suspension issued by the Court. However, even before this, you may face an additional administrative license suspension or ALS, stemming from the chemical test during the stop. Did you take the requested breath test or blood test? Was your test over the legal limit or did you refuse the test? Were you suspended for 180 days? You can challenge this suspension - but you need to request an administrative license suspension hearing at the DMV - at the Department of Safety Bureau of Hearings within 30 days of your arrest.
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Attorney Stacey Kaelin Schultz is a former Administrative Law Judge who presided over DUI administrative license suspension hearings for nine years. She is ready to fight for you!
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FAQ
Do you qualify for a limited license to and from work?
In some first offense DUI or DWI cases, a person may petition for a limited license to drive to get to and from work while under suspension. This exception is narrow and only applies to true DUI / DWI first offenses.
Do you qualify for a sentence reduction?
You may qualify for a reduction in the license suspension imposed by the Court, if you start the Court mandated substance use program in a timely manner. You will need to file a Motion to Reduce License Suspension in the Circuit or Superior Court in which you received your sentence.
What is a court mandated substance use program ?
Any person convicted of DUI in New Hampshire is required to complete a substance use program, known as the Impaired Driver Care Management Program (IDCMP), before restoring their driver's license. The program typically involves both classroom education time and counseling sessions. Are the program fees too high? You may qualify for a fee reduction.
What if an interlock device is ordered?
An interlock device requires a breath test to start a vehicle, and testing periodically while driving. There are rules that govern the interlock device. If you blow a breath test with an alcohol concentration too high, it triggers a violation hearing. Depending on the violation, the length of your requirement could be extended, or you could be suspended again. Attorney Stacey Kaelin Schultz is a former Administrative Law Judge who presided over interlock hearings, and is highly experienced with the process. We can help with the intiial review for installlation or any subsequent vioaltion hearings that may occur if the requirement is ordered.