Administrative License Suspension (ALS) in New Hampshire
The implied consent law in New Hampshire pertains to all drivers in the state even if you are licensed in another state. This simply means that anyone driving in New Hampshire that is Suspected of DWI has given their implied consent to submit to testing for drugs or alcohol. If you refuse the requested testing or exceed the statutory limits you are subject to suspension.
Now that you have left the police station, you may be wondering how best to handle your DWI arrest. In New Hampshire, DWI laws have recently changed.
You should have a pink copy of your ALS, (Administrative License Suspension). This will now serve as your temporary driver’s license (If you are licensed in another state your physical license will not be taken from you). The temporary license will last for 30 days from the day you receive it. At the end of the 30 days, your license will be suspended by default unless you are able to get NH DMV to rescind the suspension in writing. On the reverse side of your pink copy will be instructions on obtaining a hearing to contest the automatic suspension of your license. If you are licensed out of state, your operating privileges in New Hampshire will be suspended after 30 days but you will be able to drive in your home state and other states until you are notified otherwise by your home state.
You have the right to request a hearing within the 30-day temporary license period. This hearing will give you an opportunity to contest your suspension. A knowledgeable attorney with extensive DWI experience best handles the process. After you have requested a hearing, a date will be set. It should be within a few weeks of your initial request in most cases. The Hearing Examiner will be the person presiding over your ALS hearing and it will be recorded. Anything that is said during this hearing will be under oath.
The arresting officer will testify at your hearing. Additionally, any available witnesses will also come forward. The officer will speak to her/his reason for stopping you as well as whether you agreed to any sobriety tests. Your defense attorney will then be able ask any questions that may help your case. In addition to witnesses, New Hampshire law also allows certain documents including any lab reports, sworn affidavits, and the police report. It is important to notify your attorney of any past arrests as well.
You have the right to decide whether you wish to testify at your hearing. Your attorney will work with you to make the best strategic decision for your case prior to the hearing date. Every case is different, so consulting with an attorney is essential to making the right choice regarding your testimony.
After The Hearing
The Hearing Examiner may take anywhere from two days to one week to make a decision regarding your suspension. If the decision is not in your favor, you will have the chance to appeal. For a free & confidential consultation, contact us today:
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