Steps Of The DUI Process In New Hampshire

Getting arrested for driving under the influence (DUI) can feel overwhelming, especially for someone who’s never dealt with the legal system before. From the initial stop through court proceedings and possible penalties, it’s important to understand what’s ahead.

This article outlines the steps in the DUI process, based on New Hampshire law, and explains how a criminal defense lawyer can help protect a person’s rights and provide guidance throughout the process. Learn more from Wiberg Law Office, PLLC, located in Portsmouth, New Hampshire.

Traffic Stop And Initial Contact

Most DUI cases begin with a traffic stop. Law enforcement may pull a driver over for a moving violation, erratic driving, or at a sobriety checkpoint. In New Hampshire, officers are trained to watch for indicators of impaired driving such as swerving, inconsistent speed, or failure to follow traffic rules.

During the stop, the officer will ask questions and observe the driver’s behavior. If the officer suspects impairment, they may request field sobriety tests and a preliminary breath test. The driver has the right to decline both, although refusal can carry consequences.

At this point, the driver’s demeanor, behavior, and any test results will be used to support a DUI arrest. It’s crucial not to self-incriminate during questioning. A criminal defense lawyer would later review this interaction closely, especially if rights were violated or the stop lacked probable cause.

Arrest And Booking

If the officer determines there’s probable cause, they’ll arrest the driver and take them to a police station for booking. This process involves fingerprinting, a photograph, and entering the driver’s information into the system. The arresting officer will typically request an official breath or blood test to confirm the blood alcohol concentration (BAC).

Refusing this test triggers New Hampshire’s implied consent laws. A refusal could result in automatic license suspension and other administrative penalties, even if the DUI charge is later dismissed. That’s why legal advice is essential from the start.

At the police station, a person should exercise their right to remain silent and request a criminal defense lawyer as soon as possible. What someone says or does after an arrest can be used later in court.

Administrative License Suspension (ALS) Hearing

Following a DUI arrest, the driver faces not only criminal charges but also an administrative license suspension (ALS). This is handled separately from the criminal court process.

To contest the ALS, the driver must request a hearing with the New Hampshire Department of Safety within 30 days of arrest. This hearing focuses on whether the officer had probable cause, whether the arrest was lawful, and whether the driver refused or failed a chemical test.

This hearing doesn’t determine guilt or innocence. Still, it’s important because it affects driving privileges. A criminal defense lawyer can represent the driver at this hearing, challenge the officer’s findings, and question any inconsistencies in the record. A successful outcome can preserve the driver’s license while the criminal case proceeds.

Arraignment In Court

The arraignment is the first formal court appearance. During this hearing, the court reads the charges aloud, and the defendant enters a plea—guilty, not guilty, or no contest. In most cases, a criminal defense lawyer will advise pleading not guilty at this stage to give time to review evidence and build a defense.

The judge may set conditions of release, including bail, restrictions on driving, or drug and alcohol testing. The arraignment also serves to schedule future court dates, such as pretrial hearings and trial. Having a criminal defense lawyer present helps clarify the consequences of each option and helps protect the defendant’s interests.

Pretrial Proceedings

This phase can last weeks or months and includes discovery, plea negotiations, and hearings on evidentiary issues. During discovery, the prosecution must share evidence, including police reports, test results, video footage, and witness statements. The defense then analyzes these materials to assess strengths and weaknesses in the case.

If the defense believes the traffic stop was unlawful, the breath test was flawed, or Miranda rights were violated, a criminal defense lawyer may file motions to suppress certain evidence.

Many DUI cases resolve during this period through plea bargains. The defendant might plead guilty to a reduced charge, such as reckless driving, in exchange for lesser penalties. The defense lawyer’s job is to negotiate fair outcomes or reject offers that don’t serve the client’s best interests.

Trial Preparation And Trial

If no plea deal is reached, the case goes to trial. In New Hampshire, a DUI defendant can choose a trial before a judge (bench trial) or a jury. The trial includes opening statements, witness testimony, cross-examination, and closing arguments.

Prosecutors must prove guilt beyond a reasonable doubt. They rely on the officer’s testimony, field sobriety tests, chemical test results, and any video evidence. A criminal defense lawyer can challenge the accuracy of breathalyzer machines, question officer training, and raise reasonable doubt.

Trial outcomes vary. If found guilty, sentencing follows shortly. If acquitted, the process ends, and the charges are dismissed.

Sentencing And Penalties

A DUI conviction in New Hampshire brings serious penalties, even for first-time offenders. Sentencing depends on BAC level, prior offenses, and whether aggravating factors were present, such as a minor in the car or a crash that caused injury.

First-time DUI penalties may include:

• Fines up to $1,200
  

• Mandatory alcohol education programs
  

• License suspension for 9 months to 2 years
  

• Potential jail time in aggravated cases

Second or third offenses bring harsher consequences, including longer license suspension, ignition interlock devices, and mandatory jail sentences.

A criminal defense lawyer helps minimize these penalties by arguing for reduced suspension, alternatives to jail, or entry into treatment programs. Sentencing is often the result of strategic negotiations and effective advocacy.

Appeals And Post-Conviction Options

If convicted, the defendant can appeal the verdict or sentence. The appeal must be filed quickly—typically within 30 days of conviction. Appeals don’t retry the case but examine legal errors made during the trial. These might include mishandled evidence, improper jury instructions, or constitutional violations.

A criminal defense lawyer reviews the trial record, files the necessary paperwork, and argues for a new trial or a reduced sentence. Not every case qualifies for appeal, but it’s a vital path in some situations.

In addition, individuals may request post-conviction relief through motions for reconsideration or expungement. Though DUI convictions generally stay on record, some non-criminal aspects may be cleared or sealed under specific conditions.

License Reinstatement Process

Once the suspension period ends, the driver must meet specific conditions to reinstate their license. This often includes:

• Paying a reinstatement fee
  

• Completing any mandated alcohol treatment programs
  

• Providing proof of SR-22 insurance
  

• Installing an ignition interlock device in repeat cases

The process is detailed and time-sensitive. A criminal defense lawyer can walk the individual through the necessary steps and communicate with the New Hampshire Division of Motor Vehicles (DMV) on their behalf.

How A Criminal Defense Lawyer Helps At Every Step

DUI cases are more than just courtroom battles. They involve field tests, chemical evidence, procedural safeguards, and administrative action. A criminal defense lawyer doesn’t just argue in court—they assess evidence, prepare documents, negotiate with prosecutors, and speak for their client during every phase.

In Portsmouth, New Hampshire, where local procedures and court expectations can vary, it helps to work with someone who understands the local legal environment. Whether it’s questioning a traffic stop or advocating for license reinstatement, legal guidance is critical from day one.

Key Mistakes To Avoid During A DUI Case

Throughout the DUI process, some common mistakes can harm the case. These include:

• Talking too much at the scene: Anything said can become evidence. Staying silent is legal and recommended.
  

• Refusing chemical tests without understanding consequences: While it’s within a driver’s rights, refusal often triggers harsher penalties.
  

• Missing deadlines for ALS hearings: This forfeits the chance to save driving privileges.
  

• Failing to hire a lawyer early: Legal representation from the beginning helps avoid missteps and builds a stronger defense.

A criminal defense lawyer keeps the process moving forward while protecting rights and reducing damage.

Committed Criminal Defense

Whether it’s a first-time offense or a repeat allegation, anyone facing DUI charges in New Hampshire deserves the right defense—and the sooner they act, the more options they’ll have. Serving Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester, a criminal attorney from Wiberg Law Office, PLLC can help. Call today.