New Hampshire Has a New Definition
On January 1st, 2013, new Driving Under the Influence laws and penalties went into effect. The definition of “under the influence” was expanded to include not only traditional liquor and controlled drugs but also now encompasses prescription drugs, over-the-counter drugs, and any chemical substance, natural or synthetic, that impairs a person’s ability to drive.
Treatment
One of the biggest changes relates to sentencing and treatment. The new statutory scheme seeks to address underlying substance abuse issues that result in offenders driving under the influence. Convicted individuals will now be referred to an Impaired Driver Care Management Program for a substance use evaluation. Basically, you are evaluated to see what the nature of your substance use disorder consists of and then must follow all aftercare recommendations. You must also complete an Impaired Driver Education Program prior to the restoration of your license.
Penalties
The nature and scope of penalties depend upon the level of offense. In many cases, jail time is suspended if you participate in the Impaired Driver Care Management Program. Jail time can be imposed if you are non-compliant with the program.
Many aspects of the penalty phase remain. Upon conviction, you face a mandatory jail sentence (in many cases), expensive fines, license loss, reinstatement fees at the DMV, a damaged motor vehicle record, and insurance requirements. New Hampshire does not have a “Cinderella” or hardship license.
Administrative License Suspension Hearings in NH
When you leave the police station following your DUI arrest, you will likely have at least two papers in your hand. The first paper will be a yellow copy of your bail conditions.
The second is a pink paper. This pink paper is called an Administrative License Suspension (ALS) form. It acts as your temporary driver’s license for the next 30 days. Once those 30 days are up, your license will automatically be suspended by the NH DMV.
However, if you read the back of the pink ALS form, you will see that it tells you that you have a right to request a hearing within 30 days. The purpose of that hearing is to contest the DMV’s suspension of your license. Attorney Shepherd will always request this hearing on your behalf if you have retained him before the 30-day deadline.
How the Hearing Works
Once the hearing is requested, it is usually scheduled to take place at the DMV Bureau of Hearings in Concord a few weeks later. The hearing is such that you, your attorney, and the police officer who arrested you must appear. The hearing is recorded, and all witnesses who testify will do so under oath. The hearing is presided over by a hearing examiner. A hearing examiner is basically an administrative judge who decides whether to suspend or reinstate your license based on what he/she hears at the ALS hearing.
During the hearing, the police officer will tell his side of the story. He will testify as to why he stopped you, why he thought you were impaired, why he arrested you, and whether or not you agreed to take any tests following your arrest (breath, blood, or field sobriety tests). After he has finished telling his side of the story, your lawyer will ask him lots of questions that strategically pertain to your specific case.
Your Voice Matters
After your attorney is done questioning the officer, you will be given a chance to testify and tell your side of the story, if you wish. Sometimes, it is a good idea for you to testify; sometimes, it’s not. Every case is different, and it is something that your attorney will discuss with you before your hearing.
What Happens Next
After the hearing is done, the hearing examiner will take a few days to decide whether to suspend or reinstate your driving privileges. If you have been arrested for a DWI and have questions about the ALS/DMV process, please call or e-mail us.