DUI/DWI Sentencing

The worst has happened and you’ve been found guilty of DUI or DWI in New Hampshire.

You’re probably wondering what’s next.

If you hired DUI lawyer Michael Anzalone, you can rest assured that he and his associates are working on your behalf to get the best possible outcome for you. There are options and Michael will explain everything to you.

First, and most importantly, the judge will follow the guidelines of New Hampshire’s state statutes in sentencing you. At The Anzalone Law Firm, we want you to understand the law and Michael encourages clients to read up on the laws. Here is a link to the state statutes: Chapter 265-A: Alcohol or Drug Impairment

In New Hampshire, anyone with a blood alcohol content or BAC of 0.08 percent or higher can be found guilty of driving under the influence of alcohol or drugs.

After you have been convicted, the judge will issue a sentence.

If this is a first offense, you probably won’t be facing jail time. But you will have to pay a fine of between $500 and $1,200. In addition, your driver’s license can be suspended for a minimum of six months.

But if you’ve been convicted before, the situation gets worse.

A second offense comes with a minimum sentence of 30 days in jail, plus a $750 minimum fine and a three-year driver’s license suspension. The judge can go above this guideline if the circumstances warrant. These are the minimums included in the New Hampshire State Statutes.

And this is why you’ll want an experienced DUI/DWI attorney such as Michael Anzalone by your side.

Here’s something else to remember. Judges and prosecutors won’t go light on you in DWI cases, especially for habitual offenders.

A conviction on a third offense in New Hampshire brings a minimum sentence of 180 days in jail, a $750 minimum fine and your driver’s license may be suspended indefinitely.

Also, your charges can be bumped up to an aggravated DWI/DUI if any of these circumstances accompanied your arrest: If you were driving 30 mph over the speed limit, caused an accident that resulted in a serious injury, attempted to elude a police officer, you had a passenger under 16 in the vehicle or your BAC was 0.16 or above.

A judge may also require you to install an ignition interlock device in your vehicle once you get your driver’s license back. If this happens you will be restricted from driving any vehicle that doesn’t include this system. If you violate this order, you will face a hearing within 14 days and you’ll face another driver’s license suspension. At this point, your driver’s license won’t be reinstated until the court is satisfied that you will stay in compliance of the order.

Anyone is allowed to appeal a decision. If after a hearing, the suspension is sustained, you’ll have the right to file a petition in superior court to have the order reviewed. No new evidence is usually presented in superior court. In most cases, the case is determined on the record and evidence that’s transferred.

Your best advice is to call a DWI/DUI lawyer as soon as you’ve been charged with DUI. Please call Michael Anzalone and his legal team in Nashua, New Hampshire for a free consultation. Our phone number is 603.548.3797. Or you could fill out our online form.