Attorney Rick St. Hilaire | NH DWI / DUI Lawyers

DWI Experience Counts

New Hampshire DWI attorney Rick St. Hilaire is a lawyer who has handled countless simple and complex driving while impaired cases in New Hampshire since 1995. He is an AVVO rated "Superb" lawyer representing DWI / DUI clients in all New Hampshire courts from office locations in Lebanon NH and Concord NH.

Attorney St. Hilaire represents clients in many types of DWI cases in New Hampshire, including:

DWI First Offense

Administrative License Suspension (ALS) Hearings

Aggravated DWI

DWI Subsequent

DWI Third Offense

DWI Fourth Offense

Felony DWI

Negligent Homicide and DWI Manslaughter

The law office's greatest strength is Attorney Rick St. Hilaire's extensive criminal justice experience. He is a former 15 year veteran prosecutor who served as a county attorney (Grafton County), an assistant county attorney (Belknap County), and a district court prosecutor (Concord and Plymouth).

Before entering private law practice in 2009, he trained police officers in DWI detection and DWI crash scene investigations.

Because of Attorney St. Hilaire's intimate knowledge of the criminal justice system, clients charged with driving while impaired offenses may gain greater insight into the prosecution's trial and investigative strategies as well as the plea negotiation process.

Use the contact form at right to set up a free DWI consultation today. And click here to view past DWI and other criminal case results.

Overview of a Driving While Impaired (DWI) / Driving Under the Influence (DUI) case

DWI and DUI are different terms for the same offense. Many people know it as drunk driving. But a driver does not need to be drunk in New Hampshire to be arrested or convicted of DWI / DUI. The standard under NH law is impairment by alcohol and/or drugs to any degree, however slight.

Being arrested for driving under the influence in NH can be stressful. So the more you know about DWI cases, the law, and the criminal justice process, the easier it is for you to make informed decisions about your legal case.

The DWI Stop and Field Sobriety Tests

In New Hampshire, a person arrested for driving under the influence is often stopped by the police for a simple traffic violation, defective motor vehicle equipment, or erratic driving. If the reason for the motor vehicle stop by the police was unlawful, the DWI case can be dismissed by the court.

During a traffic stop, the police officer typically asks the driver to exit the car and perform field sobriety tests if possible signs of alcohol and/or drug impairment are observed. The police officer requires "reasonable articulable suspicion" to conduct this portion of the roadside investigation.

Field sobriety tests are designed to measure a person's physical ability and mental attention. A police officer uses these tests, in part, to determine whether a person is under the influence of alcohol or drugs. The tests routinely consist of an eye test called Horizontal Gaze Nystagmus, the Walk and Turn test, and the One Leg Stand. Other tests less frequently given include Vertical Gaze Nystagmus, Finger to Nose, Romberg Balance, the coin test, and the alphabet test.

The DWI Arrest, ALS Form , and the Breath or Blood Test

The police officer must make an arrest based on a legal standard known as "probable cause." Probable cause to arrest for DWI means that it was more probable than not that the driver was impaired by alcohol and/or drugs to any degree, however slight, at the time the police officer placed the driver under arrest. If the police lacked probable cause to arrest for DWI, then the DWI case would be dismissed by the court.

After a driver has been arrested for DWI based on probable cause, the driver is read an Administrative License Suspension (ALS) form--sometimes called an implied consent form. The ALS form tells the driver that he or she has impliedly consented to submit to further testing to determine the level of alcohol and/or drug concentration in a person’s system. This further testing usually consists of a breath test, performed on an Intoxilyzer machine, or a blood test.

Should a driver refuse the breath or blood test, the police officer will mark the ALS form as a “refusal” and send it to the NH Division of Motor Vehicles for an Administrative License Suspension. The driver will also be charged with “under the influence” DWI. The pink copy of the ALS form, in many cases, will serve as the person's 30 day temporary driver's permit.

Should a driver test positive for .08 or more blood alcohol concentration (.02 or more for a driver under the age of 21), the police will mark that alcohol level on the form and send it to the NH Division of Motor Vehicles. The driver will also be charged with “per se” DWI. In the case of a person testing .16 or more, the driver will be charged with Aggravated DWI. Once again, the pink copy of the ALS form, in many cases, will serve as the person's 30 day temporary driver's permit.

Both a refusal of the alcohol test or an alcohol test of .08 or more can be used as evidence in court to prove that a driver was impaired by alcohol. A faulty testing process or a failure to follow the rules governing the alcohol testing can be a possible basis to defend a DWI case in New Hampshire.

The Court and the Administrative License Suspension 30 Day Deadline

When a person has been arrested for DWI, the criminal defendant is ordered to appear before the court for arraignment within 14 days to plead guilty or not guilty. A person charged with DWI ideally should have an attorney before the arraignment date to protect his or her legal rights. Click here to learn more about the New Hampshire court process.

The Administrative License Suspension (ALS) process takes place at the same time. A person has only 30 days to file a request for an ALS hearing, so it is important to retain a New Hampshire DWI attorney well before that deadline.

DWI / DUI First Offense

The Charge - "Under the Influence" DWI and DWI "Per Se"

A driver is usually charged with first offense “under the influence” DWI when he or she refuses to take a breath or blood test after being read the Administrative License Suspension rights form. An "under the influence" DWI charge in NH will allege that a driver drove or attempted to drive on a roadway while such under the influence of intoxicating liquor or any combination of intoxicating liquor and drugs, including prescription and over the counter medications.

A driver is typically charged with first offense “per se” DWI when he or she tests between .08 and .15 (.02 or more for drivers under 21 years old) after taking a breath or blood test. The charge will allege that the driver drove or attempted to drive on a roadway while such person had an alcohol concentration of .08 or more (.02 or more for drivers under 21).

Penalties

A person found guilty of DWI first offense in New Hampshire is subject to a class B misdemeanor conviction and the following penalties:

$500 - $1200 fine plus 24% penalty assessment.

Referral to the Impaired Driver Care Management Program (IDCMP) and submission to an alcohol and drug abuse screening within 14 days of conviction. If testing demonstrates the likelihood of a substance abuse disorder, one must submit to a full substance abuse evaluation within 30 days, which is administered by a service provider designated by the IDCMP. Any follow-up service plan developed as a result of this further evaluation must be followed. Drivers under 21 are sent directly for an evaluation within 30 days.

Completion of the Impaired Driver Education Program (IDEP) prior to restoration of the driver’s license or privilege to drive.

Loss of the privilege to drive in New Hampshire from 9 months to 2 years (1 year minimum for drivers under 21). The license loss may be reduced by the court by up to 6 months in some cases so long as the driver has been screened by the IDCMP within 14 days of conviction; if required, competed a full substance abuse evaluation within 30 days and is in compliance thereafter with any follow-up service treatment plan; and completed the IDEP. The court may require the installation of an ignition interlock device during the period of this sentence reduction and may reimpose the longer license loss if one becomes noncompliant with treatment recommendations.

Payment of all fees for IDCMP and any service plan referrals.

Random urinalysis or any other such tests as deemed appropriate by the court.

Sentence Reductions

As stated above, the court may reduce a person's licnese loss or privilge to drive in New Hampshire by up to 6 months. The court may also reduce the classification of the DWI misdemeanor conviction to a violation level offense (a non-criminal offense) upon a motion filed at least one year after the date of the conviction. When deciding whether to reduce the DWI conviction to a violation, the court may consider the person’s subsequent driving record, the recommendation of IDCMP, the hardship that having a criminal record may cause for the person, and any other relevant factor.

Misdemeanor Aggravated DWI / DUI

Charges

A driver is charged with misdemeanor Aggravated DWI in New Hampshire when he or she drives or attempts to drive on a roadway while having a blood alcohol concentration of .16 or more.

Aggravated DWI may also be charged as a misdemeanor in cases where a driver is under the influence of alcohol and/or drugs or is over the .08 limit (.02 for a driver under age 21) and

• drives more than 30 miles per hour over the speed limit;

• tries to elude police pursuit; or

• carries a passenger under 16 years old.

Penalties

A person found guilty of Aggravated DWI is subject to a class A misdemeanor conviction, minimum mandatory jail time of 14 days (described in more detail below), a minimum mandatory fine of $750 plus 24% penalty assessment, a possible maximum fine of $2000 plus 24% penalty assessment, and a revocation of license or loss of privilege to operate a motor vehicle in New Hampshire for 18 months to 2 years, the possible submission to drug and alcohol testing, the installation of an ignition interlock device in the driver's automobile from 12 months to 2 years after restoration of the license to drive, submission to random urinalysis, and possible probation.

The minimum county jail time imposed by the court is 35 consecutive days, of which 21 days are suspended, for a total of 14 days to serve behind bars. The maximum jail time that the court may impose is 12 months. Specific conditions of the 21 day suspended jail sentence are that the person shall schedule a substance use disorder evaluation with the Impaired Driver Care Management Program (IDCMP) within 30 days of release from jail, complete the evaluation within 60 days of release, and comply with the service plan developed by IDCMP. Any portion of the suspended jail sentence may be imposed by the court if the person does not comply with the conditions.

Sentence Reductions

The license loss may be reduced by the court by up to 6 months provided that the person schedules the IDCMP substance use evaluation within 30 days of release from jail; completes the required substance use disorder evaluation within 60 days of release and the service plan produced thereafter; installs an ignition interlock device on the driver's car during the period of the suspended sentence; and has paid all fees.

DWI Subsequent Offense

Charges

A driver is charged with misdemeanor DWI Subsequent Offense in New Hampshire when he or she has one prior DWI conviction within 10 years or arrest and drives or attempts to drive on a roadway while having a blood alcohol concentration of .08 or more (.02 or more if the driver is under 21 years old) or while under the influence of alcohol and/or drugs, including prescription and over the counter medications.

Penalties

A person found guilty of DWI Subsequent Offense is subject to a class A misdemeanor conviction a minimum mandatory fine of $750 plus 24% penalty assessment, with a possible maximum fine of $200, mandatory jail time, license loss of three years, drug and alcohol testing, the installation of an ignition interlock device in the driver's automobile after restoration of the license to drive, submission to random urinalysis, and possible probation.

If the criminal charge alleges that the prior conviction occurred within the preceding 2 years, the person will be sentenced to at least 60 consecutive days in county jail, of which 30 days shall be suspended. The court shall refer the person to the Impaired Driver Care Management Program (IDCMP) to schedule a substance use evaluation. A condition of the suspension shall be that the person schedules a substance use disorder evaluation within 30 days of release, completes the required substance use evaluation within 60 days of release, and complies with the service plan developed.

If the criminal charge alleges that the prior conviction occurred more than 2 but not more than 10 years preceding the date of the second offense, the person shall be sentenced to a mandatory sentence of not less than 17 consecutive days, of which 12 days shall be suspended. The court shall refer the person to IDCMP to schedule a substance use evaluation. A condition of the suspension shall be that the person schedules a substance use evaluation within 30 days of release, completes the required substance use evaluation within 60 days of release, and complies with the service plan developed.

DWI Third Offense

Charges

A driver is charged with misdemeanor DWI Third Offense in New Hampshire when he or she has two prior DWI convictions within 10 years or arrest and drives or attempts to drive on a roadway while having a blood alcohol concentration of .08 or more (.02 or more if the driver is under 21 years old) or while under the influence of alcohol and/or drugs, including prescription and over the counter medications.

Penalties

A person found guilty of DWI Third Offense is subject to a class A misdemeanor conviction and all the penalties of a DWI Subsequent Offense with two enhancements.

First, the person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 150 shall be suspended. Any part of the suspended sentence may be imposed if the person does not comply. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the completion of any required treatment, suspend any remaining deferred sentence.

Second, the person's driver's license or privilege to drive is revoked indefinitely and cannot be restored for at least 5 years.

DWI Fourth Offense

Charges

A driver is charged with felony DWI Fourth Offense in New Hampshire when he or she has three prior DWI convictions within 10 years or arrest and drives or attempts to drive on a roadway while having a blood alcohol concentration of .08 or more (.02 or more if the driver is under 21 years old) or while under the influence of alcohol and/or drugs, including prescription and over the counter medications.

Penalties

A person found guilty of DWI Fourth Offense is subject to a class B felony conviction (3 1/2 - 7 years of possible prison) with all the penalties of a DWI Third Offense, plus the driver's license or privilege to drive shall be revoked indefinitely and cannot be restored for at least 7 years.

Felony Aggravated DWI / DUI

Charges

Aggravated DWI may be charged as a felony in cases where the driver causes serious bodily injury while being under the influence or while having a blood alcohol concentration of .08 or more (.02 or more for drivers under 21 years old). A felony charge must go the superior court. See more about the NH criminal court process here.

Penalties

The maximum prison time for a felony Aggravated DWI is 3 1/2 - 7 years in the New Hampshire State Prison. The minimum mandatory jail sentence is 35 consecutive days. There is also a fine between $1000 and $4000 plus 24% penalty assessment, revocation of license or loss of privilege to operate a motor vehicle in New Hampshire for 18 months to 2 years, the possible submission to drug and alcohol testing, the installation of an ignition interlock device in the driver's automobile, submission to random urinalysis, and possible probation or parole

If the minimum jail time of 35 consecutive days is imposed, 21 days of that time is suspended, for a total of 14 days of actual time behind bars. Specific conditions of the 21 day suspended jail sentence are that the person shall schedule a substance use disorder evaluation with the Impaired Driver Care Management Program (IDCMP) within 30 days of release from jail, complete the evaluation within 60 days of release, and comply with the service plan developed by IDCMP. Any portion of the suspended jail sentence may be imposed by the court if the conditions are violated.

Sentence Reductions

The license loss may be reduced by the court by up to 6 months provided that the person convicted of this offense schedules the IDCMP substance use evaluation within 30 days of release from jail; completes the required substance use disorder evaluation within 60 days of release and the service plan produced thereafter; installs an ignition interlock device on the driver's car during the period of the suspended sentence; and has paid all fees.

Negligent Homicide and Manslaughter

A driver charged with killing another as a result of DWI should contact an attorney immediately to discuss the potential defenses and consequences of a felony negligent homicide or manslaughter conviction. Attorney Rick St. Hilaire has handled several such cases during his career and can provide appropriate legal counsel.

Impaired Driver Education Program (IDEP) and

Impaired Driver Care Management Program (IDCMP)

A person convicted of DWI in New Hampshire will be sent to the Impaired Driver Care Management Program (IDCMP) for a substance abuse evaluation and possible referral to treatment. IDCMP performs several tasks, including:

• Screening (~$75) of first-time offenders to determine the need for a full substance abuse

evaluation;

• Conducting a full substance use disorder evaluation, if needed;

• Developing a service plan based on the substance abuse assessment,;

• Monitoring the service plan;

• Notifying the division of motor vehicles and the court of any non-compliance;

• Providing drug and alcohol tests.

If a service plan is finalized, the person in IDCMP must provide an original certified copy of the driving record. A service plan's requirements may be appealed to the Department of Safety.

A person convicted of DWI must complete the Impaired Driver Education Program (IDEP). IDEP is a substance education program that consists, at a minimum, of 20 hours of standardized evidence-based educational curriculum and an exit interview. IDEP must be completed before restoration of the driver's license or privilege to drive; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that serves as fulfillment of this requirement. IDEP courses are offered throughout New Hampshire. The maximum fee for IDEP is $300.00. Out of state license holders with out of state convictions are charged $400.00. Weekend IDEP classes are known as WIDEP. These classes are offered in limited locations in New Hampshire. WIDEP's maximum cost is $485.00.

A driver's license cannot be reinstated until all IDEP and/or IDCMP programming has been completed.

Administrative License Suspension

The Administrative License Suspension (ALS) process is separate from the court process. When a driver is arrested for DWI, he or she faces charges in court as well as the license suspension that comes through ALS. The license suspension through the Division of Motor Vehicles occurs when a driver either refuses a breath or blood test or when a driver tests over the legal limit. The license loss is 6 months. Should a driver have a prior DWI conviction or a prior refusal on his or her record, the license loss is for 2 years.

The ALS license loss that is imposed when there is a refusal to take the breath or blood test is in addition to any license suspension that may be ordered by a court. Meanwhile, the ALS license loss imposed when there is consent to take the breath or blood test can be run concurrently (at the same time) to any license suspension that may be ordered by a court.

The Administrative License Suspension process may be challenged by a driver on several grounds under NH RSA 265-A:31. They include:

• whether the police had reasonable grounds to believe the arrested person was driving

• whether the person had actually been arrested;

• whether the person refused to submit to the test upon the request of the police officer

• whether the test disclosed an alcohol concentration over the legal limit

• whether the officer informed the arrested person of his or her right to have a similar test

conducted by a person of his or her own choosing; and

• whether the officer informed the arrested person of the fact that a refusal or testing

above the legal limit would result in a license suspension.

License Restoration Process and the Probationary License

Upon completion of the court ordered license suspension or revocation, and upon completion of any IDEP, IDCMP, and any other requirements, a person convicted of a DWI offense is eligible to restore his or her driver’s license or operating privileges. The auto insurer must submit an SR-22 form with the NH Division of Motor Vehicles and a $100 restoration fee must be paid to the NH DMV. The license that is then given is a probationary license valid for five years. A probationary license allows a person to drive just like any other license. However, a driver cannot operate a motor vehicle while having a blood alcohol concentration of .03 or more. Additionally, any refusal to submit to an alcohol test subjects a driver to an administrative license suspension even if the person is not under the influence of an alcoholic beverage. If the installation of an ignition interlock device in the driver's automobile was ordered by the court, it is installed during this time.

The Department of Safety may also require an administrative hearing prior to the restoration of the license or driving privilege upon finding that the safety of the person or others users would be improved as a result of the installation of an ignition interlock device for 12 months to 2 years.

Annulment / Expungement

A conviction for DWI cannot be annulled (stricken from the record) until at least 10 years after the date of conviction. However, a DWI first offense may be reclassified from a Class B misdemeanor to a non-criminal, violation level offense after one year.

New Hampshire DWI / DUI / Drunk Driving Defense

Lebanon Office (click for directions)

20 West Park St., Suite 207,

Lebanon, NH 03766

43.707173,-72.283098

Concord Office (click for directions)

The Meeting Place

10 Green St., Concord, NH 03301

43.203936,-71.538882

st-hilaire@attorney-nh.com

10 Green St., Concord, NH 03301 and 20 West Park St., Lebanon, NH 03766

This web site is designed for general information only. The information presented at this attorney site should not be construed to be formal legal advice nor the formation of an attorney-client relationship. The lawyer is licensed in New Hampshire, and the web site is not intended to solicit clients outside New Hampshire. The law office is not affiliated with St. Hilaire Law. Do not send confidential information through this web site.

Search among the best DWI lawyers and top DUI attorneys in Concord NH, Lebanon NH, serving Hanover NH, Dartmouth College, Claremont NH, and Newport NH and more and contact New Hampshire criminal attorney and drunk driving (DWI / DUI) lawyer Rick St. Hilaire. Areas served in New Hampshire (NH) include: Concord, Lebanon, Hanover, Claremont, Neport, New London Manchester, Enfield, Canaan, Plainfield, Cornish, Lyme, Grantham, Orford, Grafton, Haverhill, Woodsville, Littleton, Lisbon, Piermont, Grantham, Sunapee, Warner, Hopkinton, Henniker, Bow, Hooksett, Penacook, Allenstown, Hampstead, Pembroke, Contoocook, Laconia, Loudon, Belmont, Tilton, Franklin, Plymouth, Lincoln, Conway, Lancaster, Bow, Hooksett, Loudon. Law practice areas include alcohol offenses, drunk driving, DWI / DUI, felony / felonies, misdemeanor, traffic offenses, negligent homicide, manslaughter, and negligent driving.

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