DOVER DISTRICT COURT

We are very pleased that after several months of litigation and negotiation our client's DWI charge was dismissed and he was found guilty of reckless driving. It is important to understand in DWI charges there are typically two separate possibilities for clients to have their license or privilege to drive in New Hampshire suspended. One flows from DMV regulations that provide a 6-month suspension for refusal of a breath or blood test or a test over the legal limit. A blood result of .08 or higher and a breath result of .09 or higher will trigger an administrative license suspension (ALS) from the DMV. This suspension is 6 months for a first action and 2 years for a second refusal or qualifying test result. It is important to understand that prosecutors have discretion to withdraw the administrative suspension if one pleads guilty to DWI or there is an error of law in the case that gave rise to the refusal or test over result. Lastly, court suspensions for any conviction (not just DWI) will run consecutively with an ALS if the client refused the chemical test and concurrently with the court suspension if the client consented to a chemical test which yielded a qualifying result.