Legal Question in DUI Law in New Hampshire

The short answer is yes. There are two seperate concerns with an underage possession of alcohol charge - the court case and the Department of Safety impact. This is a violation level charge, it is not a crime. If she is convicted in Court, there will be a simple fine. The court would not impose a license loss. However, the conviction is then reported to the NH Department of Safety where they impose an administrative suspension of her driving privilege. Accordingly, a license loss may be imposed despite the fact that the case has nothing to do with driving. There are ways to address this concern. First, there may be substantive defense to the case that permit a trial. Second, it is not unusual to be able to negotiate with the prosecutor to secure a result other than a conviction - often diversion is used in first time alochol cases. Third, even if she is convicted, a negotiation with the prosecutor is possible in order to ask for the court to stamp the back of the complaint - No Recommended License Loss. Our experience is that the NH Department of Safety will respect this direction from the Court. These are simply my reactions to the simple question you asked. I do not represent you, know the facts of this particular matter or whether your daughter has any prior record that could impact the response of the State or the Court to this matter. Good Luck. Jim Rosenberg, Shaheen & Gordon, 603 225-7262 x242