First DWI

[ScrewedUpBig]

What is the name of your state? NH

Last weekend I really screwed up.. So my brother gives me a call.. He's down at this bar with a few people we know. I was going to call it a night in at the time but decided, hey, I'll pick up my bro. I'm usually DD anyway when we head out, unless there's someone else driving..

But anyway, I end up down there, and after going through a recent breakup, people decided I needed a few drinks to relax. I know I should of just left then, but I really messed up, my fault. This whole situation has made me basically swear off alcohol all together..

Ok. So anyway, I'm driving home with my bro riding passenger. Its 1am in the morning, I'm in NH and I'm from MA.. So, all of the sudden, a cruiser comes flying up behind me with his lights on. I pull over. The officer comes up to the car and asks if I know why I was pulled over. I say no I don't. He states I was going 45 in a 35 and tells me to step out of the car. He gives me the eye test with the pen light. And then the walking/balance test. I tell him , due to previous injury to my feet, I won't be able to do this test appropriatly.. He just laughs and makes me do it. He basically fails me for that test, cuffs me, and down to the station I go.

At the station I ended up blowing a .12. I never gave any attitude. The other officer filling out the paperwork basically talked to me the whole time. He explained how when I go to the court date, the prosecuter will more than likely offer a plea of 90 days suspension and a fine, with more than likely mandatory attendance to an alcohol class.. He then stated that hiring an attorney would be real stupid, because the fees would out weigh the offense, or something to that effect. Anyway, i got out on 30 dollars bail and had someone pick me up.

My question is, if I'm going to lose my license in NH as out of state, is it going to effect my license in MA, I know the obvious answer is yes, but I've been hearing from people who said somehow they were able to keep their license in MA. Also, was the officer right when he stated hiring a lawyer would cost more than just accepting a plea deal?

I have a pretty clean driving record, except for a speeding ticket about 4 years ago.. Sorry for the long post., I'm just trying to get a general idea together on how everything is going to go down.

thanks

[BigMistakeFl]

Receiving legal advice from anyone other than a lawyer should be taken cautiously, even if from a cop. I don't think he breached any ethics in advising you, did not break any laws. He was just giving you the benefit of his experience. There's nothing there for your defense.

Lose your license in one state, lose it in the other as well.

[blueyzz]

Unfortunately you might also have to pay a fine in both states to get your license back in the event that you lose it. Several years ago a friend of mine got a DUI in one state and lived in another (college was in different state). He had to pay a fine for the DUI, pay an amount of money to get his driving privileges back in second state, take a driving test-written and physically and also pay his fine in first state, as well as he lost his license for 3 months and had to pay higher insurance. He was told you have to be licensed to drive in all states as the reason for this. It was a crappy situation. Maybe you could hire an attorney and get the charges dropped to a reckless charge (which you would still lose your license according to your states laws on DUI). But it is better than a DUI in some cases! Good luck to you, hope it works out!

[Happy Trails]

New Hampshire DWI, 1st Offense
RSA 265:82 and RSA 263:65-a

Classified as a violation.
Fine: Not less than $350 and not more than $1,000.
License revocation: 90 days (minimum), up to 2 years. For any offender with a prior conviction(s), in this or any other state, within 7 years preceding the date of the second or subsequent offense, the revocation shall be for not less than 180 days nor more than 3 years. (RSA 265:82-b).

An Impaired Driver Intervention Program must be "successfully completed" prior to restoration. This means meeting further counseling requirements, if any, arising out of the final evaluation at the IDIP provided, however, that the offender shall have the right to a hearing at the Dept. of Safety. At the hearing, the hearing officer shall determine whether the further counseling requirements are "warranted and appropriate" and whether the offender shall be eligible for license restoration. (Effective 1/1/97)

Immediately following a conviction for any offense under RSA 265:82, the DMV shall examine the offender's motor vehicle record for a prior DWI conviction (under RSA 265:85 or within RSA 265:82-a) over the preceding seven years. If a prior conviction exits, the license or privilege to drive shall not be restored until the offender has successfully completed a seven-day residential Phase II Impaired Driver Intervention Program. [RSA 265:82-bVI (a) and (b)].

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New Hampshire Administrative License Suspension
RSA 265:91-a

New Hampshire DMV (Dept. of Motor Vehicles) will administratively suspend for six months a driver's license or privilege to drive if the person:
Refuses to take a blood alcohol test under RSA 265:92 OR
Submits to a blood alcohol test which discloses an alcohol concentration of .08% BAC or higher; in the case of persons under the age of 21, .02% BAC or higher.

Suspension period is for six months for first refusal or test over the legal limit.
Suspension period is for two years if there is a prior refusal, prior DWI or a prior Aggravated DWI, or a
prior Administrative License Suspension.

Law enforcement officer serves an immediate Notice of Suspension to the driver and the suspension shall be effective 30 days after the date of service. The officer shall take the driver's NH license and issue a temporary driving permit as part of the suspension notice which shall be good for 30 days. (Out-of-state driver licenses will not be taken and a temporary driving permit is not required, but the DMV shall transmit a copy of the suspension order to the motor vehicle authorities in the jurisdiction where the person's license was issued and also the jurisdiction of the person's residence if different from that where-the license was issued.)

The person may request in writing within 30 days either an administrative review or hearing. The hearing shall be held within 20 days after the filing of the request, unless a continuance is requested by the person. A continuance does not stay the order of suspension or revocation. Hearings are limited in scope. The hearings officer shall issue his ruling, in writing, within 15 days of the hearing date.

When a license or driving privilege has been suspended under ALS, and the person is also convicted of criminal charges (such as DWI) arising out of the same event, both the suspension and the court ordered revocation shall be imposed, but the total period of suspension and revocation shall not exceed the longer of the two periods; provided, however, that any suspension for refusing to submit to a test under the provision of RSA 265:92 shall not run concurrently with any other penalty imposed.

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Payment of Obligation
RSA 265:82-d

Driver's license or privilege to operate revoked for DWI, Aggravated DWI, or Subsequent DWI shall not be restored until all obligations* of the defendant resulting from the arrest and conviction are met.

(*Obligations shall mean fines, penalty assessments, court ordered restitutions or reimbursements to any person(s) injured as a result of the offense, successful completion of all required treatment & rehabilitation programs, full payment of fees for such programs, and any other court ordered costs.)

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I agree with blueyzz, you may have additional procedures that you will have to follow in your home state to complete the reinstatement of your license.

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For information on DUI's in NH only:

[url]http://www.nhduidefense.com/frames/content/introduction.htm[/url]
[url]http://www.andrewschulman.com/Criminal/DWI.htm#other%20states[/url]