Nashua DWI/DUI Lawyer

Fighting for Clients Charged with Drunk and Impaired Driving

New Hampshire takes driving while intoxicated (DWI), also referred to as driving under the influence (DUI) and operating under the influence (OUI), very seriously. As a result, drivers charged with DWI offenses – especially those involving multiple convictions and other aggravating factors – face far-reaching penalties that can impact their finances, freedoms, and futures.

If you have been charged with DWI anywhere in Nashua, Hillsborough County, or the state of New Hampshire, taking immediate action to protect your rights begins by enlisting the support of proven defense attorneys.

At Shaheen & Gordon, P.A., our Nashua DWI/DUI defense attorneys leverage decades of experience and the insight of former prosecutors to help DWI defendants when they need it most. From providing counsel in administrative hearings concerning driving privileges to advocating for charge dismissals, charge reductions, and minimized penalties, we take aggressive measures to position clients for the best possible outcomes.

Don’t wait to contact a Nashua DWI attorney about your rights and options – including your ability to request a DMV license hearing before the deadline. Call (888) 801-9916 or contact Shaheen & Gordon, P.A. online to request a free and confidential consultation.

DWI Penalties in Nashua, NH

DWI is punishable by penalties that can impact your finances, ability to work, and driving privileges – and some impaired driving convictions require mandatory jail time.

Because penalties vary depending on the specific circumstances involved in a case, the best way to assess the consequences you may be facing is to speak with an experienced lawyer. Generally, however, New Hampshire law calls for the following consequences:

First DWI

• $500 to $1,200 in fines
• 9- to 24-month license suspension

Second DWI

• $750 to $2,000 in fines
• 36-month license suspension
• For second-offense convictions occurring more than two years and less than ten years from a first-offense conviction, a minimum 17-day jail sentence of which five days must be served followed by successful completion of the Impaired Driver Care Management Program (IDCMP)
• A second offense within two years of a first conviction increases the minimum jail sentence to 60 days of which 30 days must be served in jail, plus a 7-day MOP program.

Third DWI

• $750 to $2,000 in fines
• Indefinite license suspension, which means they may not be restored for at least 5-years
• Minimum 180-day jail sentence of which 30 days must be served
• Completion of the Impaired Driver Care Management Program

Aggravated DWI

Aggravated DWIs are prosecuted when any one of the following factors are present:

• Speeds 30mph+ over the speed limit
• Child passenger under 16
• BAC level of .16 or greater
• Accidents resulting in serious bodily injury
• Attempt to evade law enforcement

When aggravating factors are present, penalties can be increased substantially. For a first-time offender, for example, it increases fines (up to $2,000), license suspension (18-24 months), and introduces a mandatory 17-day minimum jail sentence of which five days must be served. In some cases, such as crashes resulting in serious bodily injuries, they can also elevate charges to felonies.

Implied Consent Violations

Drivers who are stopped under suspicion of DWI are required to submit to chemical testing to determine their blood alcohol concentration (BAC). That’s because New Hampshire has an Implied Consent law (NH Rev Stat § 265-A:4) that states that anyone who operates a vehicle, boat, or off-highway recreational vehicle (OHRV) is deemed to have consented to DWI tests and examinations.

The law of Implied Consent has major implications for DWI suspects. Those who refuse these tests – be they urine, blood, or breath tests – face license suspensions of up to six months for a first offense and up to two years in the case of a second offense within the last ten years.

Challenging implied consent violations is difficult, but not impossible. At Shaheen & Gordon, our attorneys work to investigate the circumstances surrounding DWI stops and investigations to identify whether law enforcement officers had the cause necessary to request testing, whether applicable laws or regulations were followed in requesting and administering tests, and to assess any scientific or procedural problems during the administration of chemical tests at the request of a law enforcement officer.

Court Imposed and Administrative License Suspensions

One of the most significant penalties associated with DWI is the loss of driving privileges. This can have a tremendous impact on convicted individuals, as it may affect their ability to work certain jobs, get to and from work, and transport themselves and their loved ones as needed.

New Hampshire Law enforces various terms of driver’s license suspension based on the type of charge and aggravating circumstances involved. Both court-imposed license losses and administrative license suspensions may flow from DUI charges and convictions. Administratively, the Department of Safety may impose a 6-month suspension for a first-offense refusal to do testing or a test result over a BRAC of 0.08. A second such event leads to a 2-year administrative license suspension. In addition to these administrative license suspensions imposed by the Department of Safety, there are significant court-issued license losses following DWI/DUI convictions. For example:

• First DWIs are punished by a 9- to 24-month court-imposed license suspension. However, it may be possible to seek as little as three months of license suspension by successfully completing the Impaired Driver Care Management Program (IDMCP) and completing that program within the timeframes required. This program must be completed prior to reinstatement of driving privileges.
• Second DWIs result in a three-year court-imposed driver’s license suspension, a higher fine, the requirement to install an ignition interlock device, completion of the Impaired Driver Care Management Program (IDCMP) and require jail terms, which vary depending on the time that has passed since a first conviction.
• Third DWIs are punishable by an indefinite license suspension. Drivers will not be able to seek restoration of their license until a minimum of five years after the date of conviction has passed. Third offense convictions also require a significant jail sentence of 180 days at the House of Correction of which 30 days must be served at a minimum.
• Aggravated DWI. DWIs involving aggravating factors (such as high BAC levels) result in longer license suspensions. For a first-time offender charged with aggravated DWI, the suspension term is between 18 and 24 months. Enrollment in the IDCMP program can reduce this suspension to one year.

Driver’s license suspensions are a major concern for many people charged with DWI, which is why our experienced defense attorneys devote considerable effort to helping clients navigate the license suspension process. This includes providing the support they need to request hearings before the New Hampshire Department of Safety within the 30-day temporary license period, challenging any inconsistencies that can help protect their license, and seeking reductions in suspension terms. We can discuss your options as they relate to your driver’s license during a consultation.

Request a FREE Consultation: (888) 801-9916

Shaheen & Gordon has decades of experience fighting for clients charged with a range of DWI offenses – including misdemeanors and felonies. We understand the severity of these charges and the impact consequences impose on the lives of our clients, which is why we work tirelessly to help them pursue more favorable outcomes.

A few of our past victories in DWI cases include:

• Securing DWI charge dismissals for clients who failed field sobriety tests due to their respective medical conditions.
• Preventing numerous clients from having their licenses suspended by representing them in administrative hearings.
• Obtaining a verdict of “not guilty” for a client who agreed to take field sobriety tests after being stopped for speeding. We were able to show these tests had been administered improperly and, therefore, yielded questionable readings.

If you have questions about a recent DWI charge and how Nashua DWI attorneys can help, don't delay calling (888) 801-9916 or contacting us online. We serve clients throughout the state and offer FREE and confidential consultations.