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Portsmouth DUI Lawyers

1. Clark, Richard: Because the penalties increase with every DWI offense, it is extremely important to fight even the first offense. If you own a CDL or drive for a living, your livelihood may be at stake.
2. Samdperil & Welsh: DUI Penalties The penalties for a DWI or DUI conviction will vary depending upon the nature of the charge, the driver's motor vehicle history, and the facts and circumstances of the case. There are mandatory minimum sentences for all DWI charges. For specific information, please click on the applicable charge below. Please note, that DWI statutes are frequently amended by the legislature. The information on this website is for informational purposes only. You should consult with a lawyer to discuss the specific penalties applicable in your case. * DWI - 1st offense (under age 21) * DWI - 1st offense (21 or older) * DWI - 2nd offense * DWI - 3rd offense * DWI - 4th or subsequent offense * Aggravated DWI - misdemeanor * Aggravated DWI - felony (accident with injury resulting) An ALS or Administrative Suspension may extend the loss of license beyond what the court orders. In addition to the court's sentence in a DWI case, the DMV may take administrative action to suspend your license or impose requirements before your license is reinstated. This is often referred to as the adminstrative license suspension or "ALS". An administrative suspension may be longer than the loss of license ordered by the court, and, in the case of a refusal, will be consecutive to any court-ordered loss of license. An experienced DWI lawyer may be able to challenge the administrative suspension, or get it withdrawn. You should consult with a DWI lawyer to make sure you understand both the court and DMV process, and how these two separate actions may affect your license or, if you hold a license from another state, your ability to drive in NH. # 1. What is an "arraignment"? # An arraignment is an initial court appearance, where a criminal defendant is informed of the charge or charges against him or her. The judge will also set bail (or review the bail set by a bail commissioner at the time of arrest) and advise you if there are any conditions to your release. Standard conditions of bail may include not possessing firearms, not consuming alcohol or drugs, and not committing any new crimes. (Click here for more information about bail and recognizance) # You should retain a lawyer prior to your arraignment if at all possible. If you cannot afford to hire your own lawyer, you may apply for a court-appointed lawyer, but only in cases where the possible punishment includes jail. # 2. The officer never read me my Miranda rights. Shouldn't the case be dismissed? # Every legal right has a corresponding legal remedy. What does that mean? It means that dismissing a case is not the ordinary remedy for a violation of your Miranda rights. For Miranda to apply, two things must occur. First you must be “in custody.” Second, the police must be interrogating or questioning you. Standard questions, such as your name and date of birth are typically not considered police interrogation. # When the police fail to advise you of your Miranda rights, and then proceed to ask you questions designed to elicit incriminating responses, your statements cannot be introduced as evidence against you at a trial. However, before the statements will be excluded, your lawyer must file a motion (a written request) with the court to suppress (or keep out) your statements. # Each of the lawyers at Samdperil & Welsh, PLLC has over a decade of experience defending criminal cases. Over the years, we have filed hundreds of these motions. If you think your Miranda rights were violated, give us a call. # 3. What is the difference between a misdemeanor and a felony? # In New Hampshire, there are class A and class B misdemeanors. A class B misdemeanor is punishable by a fine, but not by jail. A class A misdemeanor is punishable by up to a year in the county jail, plus a fine of up to $2000. # There are different types of felonies, but all are punishable by incarceration of more than one year. A class B felony is punishable by up to 3½ to 7 years in prison. A class A felony is punishable by up to 7½ to 15 years in prison. # The major difference between a class A misdemeanor and any felony offense is the length of possible jail time, and where it is served. A sentence of one year or less is served at the local county jail. A sentence of one year or more is served at the New Hampshire State Prison. # 4. What is a probable cause hearing? # A probable cause hearing is a preliminary hearing in a district court. If you have been charged with a felony offense, but have not yet been indicted by a grand jury, you are entitled to a probable cause hearing. A district court judge cannot find you guilty or not guilty of a felony, but can dismiss the case if the judge finds that there is insufficient evidence linking you to the crime charged. At a probable cause hearing, hearsay (out of court statements by a person other than the witness who is testifying) is admissible, the rules of evidence do not apply, and proof beyond a reasonable doubt is not required. # If you are charged with a felony, it is important to consult with an attorney as soon as possible. In some cases, the prosecutor may consider reducing the charge. If charge remains a felony, there are a number of strategic decisions to discuss with your attorney before the probable cause hearing. # 5. Can I get a transcript of what happened at the Grand Jury? # In New Hampshire, grand jury proceedings are closed, secret proceedings. With few exceptions, grand jury proceedings are not recorded, and there is no transcript of what takes place. If you believe that you are the target of a grand jury investigation, you should speak with a lawyer immediately. # 6. If I go to jail, can I get released early with Good Time? # Whether you are eligible for time off of your sentence for good behavior depends upon what type of sentence you receive. If you are sentenced to serve a sentence at the county house of corrections, you may be eligible for release after serving 2/3 of your sentence. Thus, a person ordered to serve 12 months in the county jail, may be eligible for release after serving 8 months of the sentence. # However, if you are sentenced to serve a state prison sentence, there is no early release for good behavior. A state prison sentence has both a minimum and maximum term. The minimum date is the earliest date at which an inmate is eligible for parole. The maximum date is the longest possible time an inmate may be incarcerated. Thus, a person sentenced to serve 3 ½ - 7 years in prison is not eligible for parole until he or she serves at least 3 ½ years, and can remain incarcerated for up to 7 years. # 7. Can my criminal record be used against me in court? # A judge may consider your criminal record when setting bail. However, your past criminal record may not be used to prove that you are guilty of the crime now being charged. There are some exceptions to this, such as when you are charged with a second or subsequent offense of the same kind. For example, to be convicted of a second offense DWI, the State must prove that you were convicted of the first offense. More importantly, if you are convicted, the judge may consider your criminal history in determining what sentence is appropriate in your case. # 8. Anything I did before I turned 18 is erased from my record, right? # No. It is a common misconception that a person’s juvenile record is “erased” when they turn 18. First, in New Hampshire, a person who is 17 will be prosecuted as an adult. Second, juvenile records (court proceedings for persons under 17 years of age) are sealed to the public only. Juvenile records are still accessible by police and prosecutors. # 8. Do I need a lawyer? # If you are a suspect in a criminal investigation or are charged with a felony, misdemeanor, or serious motor vehicle offense, you should consult with an experienced criminal defense lawyer as early as possible. What could be more important than protecting your freedom? Additionally, there may be serious and long-term implications to a criminal or motor vehicle conviction. Certain convictions will affect your employment, professional licensing, or ability to drive. An experienced defense lawyer will help you limit your risks and defend your rights. # Nobody wants to miss an opportunity to be acquitted, to have a charge dismissed or to have evidence suppressed, or, if a penalty is unavoidable, minimize the impact to oneself or one’s family. You should hire an experienced defense lawyer, who will carefully review the evidence and law in your case, and make sure your rights are protected. # 9. Who should I hire? # If you are a suspect or defendant in a criminal case, you should hire an experienced defense lawyer – someone who knows not only New Hampshire criminal law, but who is familiar with the courts, judges, prosecutors and police. Be wary of any lawyer who guarantees a specific result if you hire him or her. You want someone who is not afraid to try a hard case, but who will give you straight-forward, realistic advice about the risks involved, and the likely results.
3. DeFosses Law Firm: BREATH TEST REFUSALS Every citizen facing a drunk driving charge in Maine or New Hampshire has right to refuse to take a breath test. If you have already been charged with OUI/DWI you have already made a very important choice. Was refusing the breath test the right thing to do? The answer well it depends.... Both New Hampshire and Maine have implied consent laws on the books. These laws impose harsh penalties, additional license loss, (plus jail time, in Maine) on a driver who does not take the test. Why? Because refusing the test deprives the State of their best evidence in a drunk driving case. If you have refused to blow, you have given a skilled defense lawyer a huge advantage, at trial. In addition, if you have refused the breath test the State can not charge you with Aggravated DWI (over .16%) N.H. or over (.15 %) special sentencing enhancement, in Maine.
4. Dwyer, Donovan & Pendleton: If you, a family member, or friend is charged with or involved in a criminal investigation, it is important to have competent legal counsel representing you as early in the process as possible. All of the DDP attorneys are experienced criminal defense lawyers, having represented clients on felony, misdemeanor and other criminal matters, specifically including Driving While Intoxicated/Driving Under the Influence cases (DWI/OUI) matters. Attorney Pendleton is also certified in standard field sobriety tests.
5. Richard Foley: Driving under the influence (DUI) and driving while intoxicated (DWI) laws make it unlawful to operate a vehicle while 1) impaired by the effects of alcohol, illegal drugs, or prescription medication, or 2) intoxicated at a level beyond set DUI/DWI standards, such as blood-alcohol count (BAC). Many states carry "implied consent" laws requiring that licensed drivers submit to a chemical test if suspected of DUI or DWI. Costs and criminal penalties associated with DUI/DWI vary according to the circumstances of the offense, but license suspension, fines, and jail time are typical consequences.
6. Swen Wiberg:
   1. If you have been accused of, charged with, or arrested for a crime, whether it is a first offense DWI, a Misdemeanor, or a Felony, then you need the best defense and you need it yesterday.
   2. Hardly a week goes by when we don't read of falsely accused and wrongfully convicted individuals being freed after spending years behind bars because of incompetent or overworked defense attorneys, mistaken eyewitness identifications, corrupt laboratory technicians,  or over-zealous law enforcement officials. 
   3. With the stakes so high, no sane defendant can afford to roll the dice when selecting an attorney.
7. DesFosses Law Firm: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent.