In the DWI setting, there is a scheduling situation in some courts where a person wouldn’t necessarily know the significance of the dates that they have and find themselves forgetting or not getting around to it and actually requesting an administrative hearing. Let’s talk about DWI’s for a second.
A DWI Charge in New Hampshire Entails Two Different Legal Proceedings
In a DWI scenario in New Hampshire, there are two separate legal proceedings that generally speaking, get initiated at the same time. The first one is obvious, which is the client gets arrested. The client might have to put up bail.
Many times the clients are able to pay the $40.00 bail fee and then sign a personal reconnaissance promise, to show up in court or else pay the sum of the bond for failure to appear.
Basically, there’s an obvious criminal prosecution that that has started. There’s a court date they have to attend and they have to plead guilty or not guilty,
If they plead not guilty they get a trial, and this is something that most people understand this intuitively. If they plead guilty at arraignment, they get sentenced to what the DWI law provides.
New Hampshire’s Chemical Testing after a DWI Arrest
Simultaneous to the DWI criminal prosecution, immediately after the client is arrested in DWI cases, once they are at the police station or even earlier, they will be asked whether or not they want to submit to a chemical test with respect to what the blood alcohol content is of their breath or they might take a blood test.
If You Submit to the Chemical Test, You Have the Right to a Second, Independently Tested Chemical Test
Prior to the police being allowed to administer a test, they have to advise the client of their administrative license suspension rights. People who are arrested for DWI have a right to a second sample. They have a right to an independent test of their own.
They have to be warned that if they refuse to submit to the chemical testing, their license is going to be suspended. They have to be warned that if they register an illegal percentage of alcohol in their system that their license will be suspended.
Testing over the Legal Limit or Refusing the Chemical Testing Will Result in a License Suspension
Generally speaking that happens in the great majority of DWI cases. The client takes the test and registers an amount that is over the legal limit, or they refuse to take the test.
In both scenarios what will occur is that their actual driver’s license will be taken away and they will get a pink piece of paper which serves as a temporary permit to drive for 30 days.
Your License Will be Administratively Suspended, Separate from a Criminal Court Hearing, Unless You Comply with the Correct Procedure
During those 30 days, the Division of Motor Vehicles will receive notification from the police that the client has either failed the test or refused the test and the Department of Motor Vehicles will suspend his license effective on the 31st day.
You Have 30 Days in Which to Request an Administrative Hearing before the DMV
In answer to your question about why you need a lawyer, there are some police agencies that will arrest the client for a DWI, tells the bail commissioner to schedule them for arraignment 37 or 38 days later. The client may very well decide not to trouble to get a lawyer until the last minute.
The person will receive the pink form that I described earlier. On the back side of the pink form there’s 12 paragraphs of “legalese