Legal Question in DUI Law in New Hampshire

I WAS CHARGED WITH DWI ON SAT OCT 2nd IN EXETER NH, I REFUSED TO SUBMIT TO THE BREATH TEST AT POLICE HEAD QUARTERS. MY LICENSE WAS TAKEN AWAY THAT NIGHT BUT THEY GAVE ME A TEMPORARY LICENSE FOR 30 DAYS (NOV 1). I KNOW I WILL LOOSE MY LICENSE FOR 6 MONTHS BECAUSE I REFUSED THE BREATH TEST, IF I PLEAD GUILTY TO THE CHARGE OF DWI ON DEC 1, HOW LONG CAN I LOOSE MY LICENSE FOR? IS THERE ANYWAY POSSIBLE I CAN GET A HARDSHIP TEMPORARY LICENSE JUST TO TRAVEL TO WORK AND BACK IN NH? I DRIVE 110 MILES A DAY TO WORK, IF I CAN'T GET TO WORK EACH DAY, I CANNOT PROVIDE FOR MY FAMILY OF A WIFE AND 2 DAUGHTERS AGES 12 & 14.

THANK YOU,

MIKE


Asked on 10/04/10, 12:15 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Although you refused the breath test, there are circumstances which might make an administrative hearing worthwhile. A full review of all facts and information would be needed in order to determine the probability of winning at an administrative hearing.

The court has wide discretion when suspending your driving license. As a general rule, most courts will issue a suspension for not less than 6 months and some one year. However, if you complete all of the education requirements and any follow-up instructions and pay all fines and assessements, you may be able to get the sentence reduced to a 90 day loss. Unfortunately, New Hampshire does not have any provision for a "to work and back" license.

I suggest that you need to meet with an attorney to fully evaluate your case.

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Answered on 10/09/10, 2:37 pm


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