Legal Question in DUI Law in New Hampshire

Underage DUI

My daughter got her first DUI at age 17. One day with her license. Her arraignment is coming up and not sure what she should plead. She took a breath test failed. My question is, since we don't have a lawyer, should she plead no contest or guillty? Also, will the prosecutor approach us to hopefully cut a deal before she goes in front of the judge to make her plea? Thank you.


Asked on 6/05/08, 11:34 am

2 Answers from Attorneys

Roy Weddleton Granite Law

Re: Underage DUI

If it is in NH, there are minmium penalties that neither the prosecutor nor judge can avoid. There is also a loss of license from the DMV which is separate from what happens in Court. My question is why don't you have a lawyer? This is something that stays on her record 10 years.

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Answered on 6/05/08, 1:28 pm
Bruce L. Dorner Dorner Law Office

Re: Underage DUI

This is a very serious offense for a young lady. She runs the risk of a 2 year loss of licence, attendance at a manadatory alcohol education course at her own exepense, a fine which will likely be in the range of $600, and a requirement that she obtain special insurance on her driver's license when she reapplies for driving privileges. The prosecutor has no reason to "cut a deal" unless you can present facts which place his case in question.

There are many defenses to DUI and many ways to approach the situation from a technical perspective. "Failing" a breath test may not be as bad as you think. There are many preliminary requirements in order to get that result admitted into evidence. I would urge that you consult with an attorney experienced in this area before walking into court alone.

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Answered on 6/05/08, 3:03 pm


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