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June, 2025
We are very pleased that our client's DWI was dismissed and replaced with a lesser, non-criminal infraction and they were able to maintain their driver's license. There are some instructional points that were pertinent to this case. First, most people arrested for DWI in New Hampshire also receive a pink sheet of paper which is the DSMV Form 426. This paper informs the accused that in 30 days from the date of service, their license or privilege to drive in NH if they are an out-of-state resident will be suspended pursuant to an administrative license suspension (ALS) for 6 months for a 1st offense and 2 years for a subsequent offense.
What is service? Most commonly the suspect is served in hand in conjunction with being processed post-arrest. It can also happen later, usually in cases involving a blood draw.
Does this happen at the time of arrest for every DWI charge? No. When does it happen?
If you refuse the chemical testing (breath, blood, or both at the officer's discretion);
If you provide a breath sample of .09 or higher (or .02 or higher if under 21); or
If you provide a blood sample of .08 or higher (or .02 or higher if under 21).
For example, if one provides a blood sample of .08, unfortunately that blood test also demonstrated drug use. Blood results do not typically get processed by the Forensic Laboratory and returned to the government, then the client, for about 2 months. This means in a blood draw only testing situation, the driver will not receive an ALS unless the reported value of the sample is .08 or higher. Cases involving accusations of drug consumption standing alone, or in conjunction with alcohol consumption, are more complex to prove and defend. Toxicologists may be necessary to explain the levels of certain drugs in the system, whether the suspect has a prescription for that drug, whether they took it as prescribed, and ultimately for court purposes to what extent it proves impairment.