License Suspensions

If you tested above the legal limit, or refused a chemical test, breath, blood, or urine, YOU WILL LOSE YOUR LICENSE IF YOU DO NOT REQUEST A HEARING. YOU ONLY HAVE 30 DAYS FROM THE DATE OF REFUSAL OR TEST OVER TO REQUEST THE HEARING.

You are not automatically given a hearing just because you are charged with DWI. Your DWI case is a criminal offense. The Administrative License Suspension (ALS) is civil/administrative in nature. At the hearing, the State/officer must prove numerous things. I have won many of these hearings, and I always recommend the client to have the hearing. It is very important to both your license, and to the criminal case against you to have the hearing.

For a refusal case, some of the things the officer must prove is that he had reasonable grounds to ask you to take the test, that he informed you of all of your administrative rights, and that you refused the test.

For a breath test above the limit, the officer must prove he had reasonable grounds to arrest, that he informed you of your rights, that he is certified, that the machine was certified, that he complied with all the statutes including the 20 minute observation period, and that the test was above the legal limit.

For a blood test above the limit, the officer must prove he had reasonable grounds to arrest, and that he informed you of your rights. Whoever analyzed the blood must show they complied with the statutes and regulations and that the test was above the legal limit.

Even if you think you refused, or tested above the limit, you should almost always have the hearing. There are a few exceptions, which you should discuss with a qualified New Hampshire dwi lawyer.

Finally, even if you lose, you or your attorney gets to question (cross-examine) the arresting officer. This evidence is incredibly valuable in preparing for the criminal case, to discover its strength and weaknesses. In many cases, the license loss in the administrative hearing will be longer than the license loss in the criminal case. Further, if you refused a chemical test (breath or blood), this license loss will run in addition to all other license loss, such as the criminal case.

While I have heard many people (including lawyers) say the hearings are a waste of time, as the license suspension is automatic, this is not true. Hire a lawyer who is experience in handling the administrative license suspension hearings, and you may be able to keep your license.