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WIBERG LAW OFFICE
Concord DWI Attorney
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603.686.5454
 
WIBERG LAW OFFICE
2456 Lafayette Road
Suite 7
Portsmouth, NH 03801

Phone: (603) 686-5454
Fax: (603) 457-0332
Website: www.nhcriminaldefense.com
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WIBERG LAW OFFICES

The attorneys at Wiberg Law Office are here to help you through the fear, uncertainty and doubt of your legal troubles.  If you are facing the nightmare of criminal arrest and charges in New Hampshire or Massachusetts, then do not delay. Know that there are those working against you so you need someone on your side fast.  Protect your rights and liberty by calling the criminal defense firm of Wiberg Law Office, PLLC today for a free consultation. We will fight to make sure that the Government respects and honors your rights. We will work to see that you get the best criminal defense in your time of need.  

Did you know that you could be causing more harm than good?  For example, in a New Hampshire DWI/DUI case, important filing deadlines pass within a month of an arrest. If you ignore those deadlines, you may face significant additional penalties and lose opportunities to aid your defense at any subsequent trial. The rules and procedures involved in such a case are not simple, but we know them well and we can guide you, minimize your risks, and maximize your chances for an excellent outcome.

Do not wait. Fast action can head off trouble, while delay can result in lost opportunities and waivers of your civil rights.  The attorneys at Wiberg Law Office have over 19 years of experience in the defense of criminal charges such as drunk driving, drug possession, shoplifting, robbery, assault, battery, burglery and murder. 

Call the attorneys at Wiberg Law Office, PLLC today for a free initial consultation.  All conversations will be strictly confidential and covered by attorney-client privilege.

We Offer:

  • Fully Licensed and Insured
  • Free Initial Consultation
  • At-Home Consultations
  • Hours by Appointment
  • Appointment Flexibility


New Hampshire DUI Law Highlights: BAC Levels and Implied Consent (Table 1)

State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
New Hampshire
.08
.02
.16
Yes

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.


New Hampshire DUI Law Highlights: Selected Penalties (Table 2)

State
Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
New Hampshire
6m/ 3y/ 5y
Both
No
Yes

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

 

IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
Call for a consultation at (603) 686-5454, during which we can answer all of your questions.

 

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