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DWI Second Offense – Penalties

DWI Second Offense – Penalties

Facing DUI charges is serious and may lead to severe penalties, especially when several offenses are on an individual’s record. A second offense DUI in New Hampshire may lead to profound life changes and consequences. The stress of being convicted of a crime and having a criminal record can be difficult for any person facing several offenses. After a first DUI charge, the penalties and consequences increase when the individual commits a second offense. 

It is important to understand your rights and how a New Hampshire DWI lawyer can help. At Hayes Law Firm, our skilled team of experienced attorneys can help you face the charges and penalties you are up against. Continue reading to discover more about second offense DUI charges in New Hampshire and how our legal team can help. 

What Is a Second Offense DUI in New Hampshire?

If you have received a conviction for a DUI, the penalties of a second offense may be more challenging to handle on your own. A second DUI charge is considered a class A misdemeanor and remains on your record for a significant amount of time. In addition to the legal penalties you are obligated to face, a judge will require you to partake in a drug and alcohol abuse evaluation.

Any individual facing criminal charges for a second offense DUI or an aggravated DUI has the legal right to seek a professional DUI defense attorney to help them fight the charges and result in the best outcome for their record. It is very stressful and troubling to face multiple DUI charges. At Hayes Law Firm, our attorneys know and understand DUI cases and the law that pertains to a solid defense and beneficial strategy. 

Penalties of a New Hampshire Second Offense DUI

The penalties for a New Hampshire second offense DUI entail financial penalties, jail time, license revocation, and drug and alcohol evaluation by a health care program professional. The penalties of a DUI are enforceable, especially when an individual faces a conviction within two years of the last one. 

You face the following penalties if you are convicted of a DWI Second Offense:

  • A potential fine of up to $2,000, and a mandatory fine of $750.
  • The court will take your license for 3 years.
  • If your prior DWI conviction was fairly recent, within the last 2 years, you will be sentenced to 60 days in jail with a 30 day suspension. 
  • For a DWI more than 2 years but less than 10 years ago, you will be sentenced to a minimum of 17 days in jail with 12 days suspended.
  • You will be required to schedule a full substance use disorder evaluation with the Impaired Driver Care Management Program within 30 days of your release from jail.
  • Once you eventually get your license back, you will need to install an Alcohol Interlock Device for at least 12 months and up to 2 years.

A conviction has a negative effect on any person’s record. While New Hampshire uses a ten year “look back period” for DUI convictions, any new offenses within those years are counted as subsequent charges. This means the convictions will remain on your record and new offenses will not be treated as a first offense with the usual punishable penalties. Facing a second conviction for a DUI is serious and carries higher penalties than an initial instance. 

Can a DWI Lawyer Help Me after an Arrest?

If you are facing multiple offenses or convictions for drinking and driving, you may be wondering if a lawyer would be able to help you in your case. No matter how many charges or convictions they are up against, every individual has the right to seek professional and experienced legal counsel. It is beneficial to seek a specialized and expert DUI attorney rather than facing the situation independently or leaning on a court-appointed lawyer that may not have the specialized strategies and defense to support an outcome in your favor. 

Defenses to a DWI Charge

The defenses to any DWI charge largely depend on your case’s unique facts and circumstances. An example of an obvious defense is that you were not driving under the influence of drugs or alcohol. It is not uncommon for different kinds of drinks to resemble the smell of an alcoholic beverage. It’s not illegal to have a drink, and to smell like alcohol. Attorney Hayes attacks the sufficiency of the state’s case against you. We analyze the details of your case and present a strategy to overturn false convictions. 

Attorney Hayes is a skilled negotiator and will argue that the police had no basis to conduct a motor vehicle stop. Sometimes the police exceed the scope of enforcing the law. At times, an officer should have issued a ticket and let you drive away rather than continue to detain you roadside. In nearly every case, Attorney Hayes will counter the officer’s administration and interpretation of the Field Sobriety Tests. Our legal team routinely has a private investigator go back to the bar or scene and collect information needed to recreate the real scene and true events of what occurred before an arrest, which is used to testify in court.

Take Action with a Skilled New Hampshire DUI Lawyer at Hayes Law Firm 

After a second arrest and possible DUI charge, you need to take decisive and quick action if you are facing a DWI conviction. DMV deadlines begin to run from the time of your arrest. You need an experienced lawyer to help you battle all phases of the DWI case. Hayes will battle on your behalf at the DMV and in court. Our affordable law firm will work with you and provide the skilled representation you need to overturn a guilty verdict. Fill out our contact form or call us at 978-314-4950 to schedule your free consultation.