Nashua DUI Lawyer
While driving and cruising down the streets of Nashua, New Hampshire, can be enjoyable, it can be dangerous if someone intoxicated is on the road. As a result of drinking and driving, car accidents and fatal collisions may occur and often have severe consequences for any driver or injured passenger involved.
Driving under the influence is against the law and causes severe or fatal accidents on New Hampshire roads yearly. In New Hampshire alone, almost forty percent of total driving fatalities are caused by DUI-related driving fatalities. Understandably, the law enforces penalties and consequences for DUIs. If you are facing a DUI charge, speaking with an experienced Nashua DUI lawyer can help you understand your rights and develop an aggressive defense in your case. At Hayes Law, PLLC, our Nashua DUI attorney has years of experience helping clients facing alcohol-related criminal charges, such as a DUI charge.
Understanding New Hampshire DUIs
On January 1st, 2013, the new driving under the influence (DUI) laws and penalties went into effect in New Hampshire. The definition of “under the influence” was expanded to include not only the traditional liquor and controlled drugs, but also to encompass prescription drugs, over-the-counter drugs, and any chemical substance, natural or synthetic, that impairs a person’s ability to drive.
Depending on the circumstances of the case and the level of an offense, DUIs can lead to jail time, fines, and court-appointed treatment or probation. Anyone convicted for severe DUI cases may lose their privilege to drive and operate a vehicle. With an experienced DUI defense attorney, you may find a better outcome with lesser penalties.
Penalties of New Hampshire DUIs
The nature and scope of penalties depend upon the level of offense. If convicted, jail time, fines, and loss of driving privileges are the result of a DUI charge. In many cases, jail time is suspended provided that the individual participates in the Impaired Driver Care Management Program.
However, many aspects of the penalty phase remain, especially in severe cases or upon subsequent offenses occurring within a short period. Upon conviction, you often face a mandatory jail sentence, expensive fines, license loss, reinstatement fees at the DMV, a damaged motor vehicle record, and insurance requirements. New Hampshire does not have a “Cinderella” or hardship license.
Penalties in New Hampshire DUI cases may include:
- First offense DUI: Punishable with fines and license suspensions. This may include $500 to $1,200 in fines and a six to twelve-month license suspension.
- Second offense DWI: Punishable by up to one year in jail time, $750 to $2,000 in fines, and up to three years of license suspension.
- Subsequent offense DWIs: Punishable by up to one year in jail time, up to $2,000 in fines, and a lifetime license revocation.
- Class A Misdemeanor/aggravated DUI: From five days to one year of jail time and up to a $2,000 fine.
- Class B Felony/aggravated DUI: Up to seven years in jail and up to $4,000 in fines.
- Probation: At times, a judge may suspend a portion of a DUI offender’s jail sentence and require them to be on probation for up to two years.
Your DWI penalties in NH can change if you are charged with aggravated DWI instead, which can include the following parameters:
- Driving 30 MPH or more over the speed limit
- Causing a collision that results in serious injury
- Attempting to elude a police officer
- A passenger 16 years or under was present
- A blood alcohol level of .16 or more was present
Refusing A Breathalyzer
If you refuse a breathalyzer test, your penalties may be the following and these penalties may be added on to any court-ordered license loss from a DWI conviction depending if you took or refused the breath or blood test requested by the police:
- 1st offense: 180 license suspension
- 2nd and 3rd offense: 2 year license suspension
DWI penalties in NH can change based on the charge brought forth against you, your age, and if you have had any other DWI offenses or DWI arrests prior. Individuals under 21 years old who are convicted of a DWI offense are also subject to penalties under NH DUI laws.
With a skilled DUIattorney in Nashua, minors and individuals not of legal drinking age can build a defense for any mistakes and alcohol-related offenses that occur before adulthood. Our DUI defense lawyers in Nashua understand that mistakes and misunderstandings can occur, especially for minors and young adults.
Sentencing and Treatment in DUI Cases in Nashua, NH
Facing the challenges and consequences of alcohol-related charges doesn’t always result in jail time and fines. Additionally, those convicted may seek treatment and diversion programs appointed by the court to help them recover and resolve their illegal actions.
One of the most significant changes relates to sentencing and treatment. The new statutory scheme seeks to address underlying substance use disorder issues that result in offenders driving under the influence. Individuals convicted will now be referred to an Impaired Driver Care Management Program for a substance use evaluation. In these situations, you are evaluated to see the nature of your substance use disorder and must follow all aftercare recommendations.
You must also complete an Impaired Driver Education Program before restoring your license. In these cases, many of our clients can restore their driving privileges after completing the program and requesting a DMV hearing at their local NH DMV when they are eligible.
How Can Hayes Law, PLLC Help Me After a DWI Arrest?
If you are arrested for an alcohol-related driving offense, you may be wondering how a DUI attorney can help. Since refusing field sobriety tests can result in automatic license suspensions, many people are afraid or unaware of their rights at a traffic stop. Even with failed sobriety tests such as a breathalyzer, an expert Nashua DUI attorney can examine every aspect of your arrest and the events leading up to it.
Some of the benefits of hiring a Nashua DUI attorney include that:
- Experienced attorneys understand the prosecution
- Nashua DUI lawyers can work to protect your rights
- Law firms have the necessary resources to benefit your case
- Skilled attorneys know how to build an aggressive defense
- A Nashua DUI lawyer may be able to get your case dismissed or penalties diminished
- A DUI lawyer represents you and helps you put your best foot forward
- A DUI attorney can help you clear your criminal record
With our DUI attorney’s efforts, many clients in Nashua have seen positive outcomes and felt at ease during their court proceedings. Our Nashua DUI attorney is eager to help you, just as we have helped many other offenders in DWI-related cases. Regardless of the number of offenses or severe circumstances in your case, you have the right to seek professional legal support in your criminal case.
Contact Our Experienced DUI Attorney in Nashua, NH, After Being Charged With Driving Under The Influence
Facing DUI charges can be very challenging and cause hardships for those convicted, even in the case of a first offense. When the prosecution presents field sobriety tests and other evidence in a DUI case, an expert DUI lawyer can help you fight any invalid evidence used against you. At Hayes Law, PLLC, Justin Paul Hayes, Esq. has protected clients’ rights and developed a strategic defense against a DUI charge.
You owe it to yourself to speak with a DUI defense lawyer before your court date. Our DUI lawyer in Nashua, NH is always happy to talk with you or meet in our office to discuss your case. You may complete a contact form or call us at (978) 314-4950 to schedule a free consultation after a DUI arrest.