2nd Offense DWI Charge Reduced.
Jun 12, 2008 - by Richard Samdperil
Laconia District Court. The client was charged with his second DWI and was facing a mandatory jail sentence and 5 year loss of license.
Why 5 years? Well, in NH, if you are arrested for DWI and refuse to submit to a breath or blood test, the DMV automatically takes your license for at least 6 months. If you have previously refused such a test, or have been convicted of a DWI within a specified time period, the DMV suspension (also known as the ALS suspension) is for 2 years. What's more, that 2 year DMV loss of license is in addition to any court ordered loss of license. And, if convicted of a second DWI, the judge will order a loss of license for at least 3 years.
A conviction for second offense DWI also carries a mandatory sentence of not less than 10 days in jail and the mandated state-run treatment program.
In this case, Richard Samdperil successfully negotiated a reduction in the charge, which resulted in no jail time and cut the loss of license in half.
When a conviction cannot be avoided, minimizing the impact is critical. If you have other questions about DWI, DUI or OUI in NH, click here to visit the FAQ portion of our website.