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New Hampshire DUI FAQ New Hampshire

FAQs (Frequently Asked Questions)

Index:


DWI Related Questions

Q: What are my chances of having my DUI reduced?


A: It depends on many things. Primarily, the facts of the case, if you cooperated with the police, the police department/prosecutor, the judge handling the case, and possibly most importantly which lawyer you have represent you. Unfortunately, after arrest, you can't do anything about most of these things, except you can choose which lawyer you want to hire to defend your DWI.

 

Q: Does New Hampshire have a hardship license?

A: No.


Q: What if I refuse a breath or blood test?

A: If you refuse after being arrested for DWI you will lose your license for 6 months or 2 years. Unless you are sucessful at an administrative license suspension hearing.


Q: What is the "Legal Limit" in NH?

A: .08 for drivers 21+, .02 for drivers under 21, and .04 for drivers operating a commercial vehicle.


Q: What is IDIP?

A: It is an impaired driver intervention program. It costs around $500. It is around 20 hours. You must complete it if found guilty of DWI before you get your license back. At the end of the program you may be required to get additional treatment.


Q: What is MOP?

A: It is the multiple offender program. You will have to complete it if is your second or more DWI, or if you were found guilty of aggravated DWI. It is a 7 day in-house treatment program. It costs around $1200. Again, at the end you will be evaluated and may require extra treatment before you can drive again.


Q: Will I automatically lose my license for blowing over or refusing a breath / blood test?

A: Yes and no. If you do nothing, then yes. If you ask for a hearing, and are successful at the hearing you will not lose your license at the administrative license suspension hearing. You only have 30 days after refusing, or providing a sample over the legal limit to request a hearing. Attorney Hynes has handled many ALS hearings, and knows from experience the license loss is not "automatic".

Q: What should do I when arrested?

A: See my page to 10 things to do/ not to do when arrested for DWI


How much will it  cost for you to represent me/ How can I afford it?

The cost of how much it will cost for me to represent you depends on a variety of factors. The main factors are the type of crime you are charged with, whether it will be a trial, which court and court level you are charged in, how many court appearances need to be made, and the complexity of the case.

I understand hiring a good dwi lawyer can be very costly. For a first offense DWI you can expect to pay around a few thousand dollars to have an experienced and knowledgable DWI lawyer represent you.

Attorney Hynes accepts credit cards, and payment plans may be available through recurring credit card payments.

Do I need an attorney?

I sometimes get asked the question of "Why do I need an attorney? Can't I do it myself?" A lawyer can greatly improve your chances for a favorable result. Besides having extensive training, attorneys know and understand the law, and are best able to protect your rights.

Consider the following: If you cut open your arm with a knife, you could try and fix it yourself, either with bandages or staples, or you could go to a trained professional, a Doctor, and get it properly taken care of. The Dr. will cost you more than if you did it yourself, but the results ought to be worth it. You wouldn't risk your body by trying to do it youself, why risk going to jail from doing it yourself?

How do I know which attorney to hire?

Hiring the lawyer who is right for you can be a difficult decision. I advise clients that the most important things they should look for in a lawyer is experience, knowledge of the law, communication/ relationship with the client, and cost.  After discussing my credentials with potential clients, telling them how I would handle their case, and discussing the cost, I find most clients are happy with the services I offer and decide to hire me to represent them. Feel free to call me at (603) 674 - 5183, for a free phone consultation to discuss your options with you.


When should I hire a lawyer?

By visiting my site, I assume you are considering hiring a lawyer to help you or someone else who was charged with a crime. If you have already been arrested and have pending charges, I advise you hire a lawyer as soon as possible. Many parts of a criminal case have strict deadlines, and if they pass you will lose some of your rights. It cannot hurt to have a lawyer working on your case from the beginning. It can harm you to wait until its too late.


Will I have to testify/ go to trial?

This question is very case specific. Only after analyzing your case thoroughly could I advise as to whether it makes sense to go to trial and whether to testify. I can say that an overwhelming majority of cases are settled without the need for trial. However, it is always your choice, and if you want to go all the way and fight it, I am prepared to do that on your behalf.


What are some of my rights?

*    You have the right to an attorney.

*    You have the right to a court appointed attorney if you cannot afford one and face possible incarceration. However, you may still be liable to repay the State hundreds of dollars or more.

*    You have the right to hire your own attorney.

*    You have the right to remain silent. You do not have to testify at trial.

*    You have the right to be informed that anything you say may be used against you.

*    You have the right to be informed of the charges against you.

*    You have the right to confront the witnesses against you and to obtain witnesses in your favor.

*    You have a right to all of the records that the police have.

*    You have the right to a speedy trial.

*    You have a right to a jury trial, when you face  incarceration.

*    You are Not Guilty until proven otherwise beyond a reasonable doubt.


Why do you represent drunk drivers?

I received this comment recently:

My sister was killed by a drunk driver. You're scum and I hope a  drunk driver takes out one of your family members someday.


My Answer to that question is:

First, I represent those accused of DWI. It is not against the law to drink alcohol and then drive. It is against the law to drink alcohol and drive while impaired or with a certain blood alcohol content. It is also a constitutional right to have effective assistance of counsel and to have the State prove their case beyond a reasonable doubt. Many people who are accused of drunk driving need effective lawyers to maintain their innocence as too many people just assume everyone who is accused of DWI was actually "drunk driving" or committing a crime.

No DWI Attorney that I know of encourages drunk driving. Certainly, there are too many people who do violate the law and cause life altering consequences to themselves and others. Like the original commenter, I too had a family member, a cousin, killed by someone driving under the influence. But that does not mean everyone accused of DWI was actually driving under the influence. An arrest is not a conviction. If you are ever accused of a crime you did not commit you will understand how important it is to be innocent until proven guilty.

Thursday, 17 May 2012

Nashua NH DWI Lawyer, Portsmouth NH DWI Lawyer, Concord NH DWI Lawyer, Manchester NH DWI Lawyer

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Phone calls may go to a receptionist and not an attorney. Use of this site does not constitute the formation of an attorney client relationship. Any language referring to a team of lawyers includes attorneys associate with Dan Hynes or Liberty Legal Services PLLC, to which Attorney Hynes is managing partner.  Top Ranked NH DWI LAWYER / NH DWI A TTORNEY, refers to recent search result rankings. See http://www.nhdwiguy.com/top-ranked.html for more details. *DISCLAIMER - TERMS OF USE. SiteMap.

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In New Hampshire, Attorney Hynes only represents clients charged with a crime or traffic offense incluing all forms of DUI.

Office Locations

Hudson: 238 Central St. Hudson, NH 03051.   Nashua: 5 1/2 Mulberry St.      Nashua, NH 03060,  Portsmouth: 155 Fleet St.            Portsmouth, NH 03803, 

Office hours by Appointment only.

While Attorney Hynes maintain offices in Nashua, Manchester, Bedford, Concord, and Portsmouth during normal business hours, night and weekend appointments are also available. Home visits may also be available. Call now to schedule your appointment: (603) 674 - 5183.
New Hampshire Office locations include  Nashua, Portsmouth, Hudson,  New Hampshire

N.H. DWI Attorney & N.H. DWI Lawyer, Attorney Hynes handles all Traffic, Misdemeanor, and Felony cases involving DMV / License Suspensions, DWI Driving while intoxicated, /DUI, Driving under influence,Aggravated DWI, DWI Subsequent , Felony DWI, Boating while intoxicated,  Domestic Violence, Drug Crimes, DWI / DUI, Driving Under the Influence - New Hampshire Dwi Lawyers Nashua dwi lawyer. Drunk driving defense includes the criminal case and any administrative hearings at the Department of motor vehicles (DMV).