You've been arrested for D.U.I. What happens now? A New Hampshire DUI is defined as two separate actions against you; a civil matter handled with the NH DMV (an administrative matter, really), and a criminal matter handled in the New Hampshire court system
Upon being released on bail, should you be that fortunate, you'll be given a yellow Defendant's copy of "The State of New Hampshire Judicial Branch Orders and Condition of Bail" or a "Bail Receipt." At the top will be "State v. your name here." Yes, that's right, the plaintiff is the State, which represents the will of the majority of its residents. This form is also called a NHJB-2369 form, as indicated on the lower left corner in very fine print. On the second page of this form you will be told when and where your arraignment (scheduled court appearance) will be. Alternatively, you will be informed of your arraignment date on a summons or complaint. Your arraignment date is usually a couple months later. You will also likely be told on the form to refrain from consuming alcohol. There will also be a Bail Commissioner's fee.
Upon being released on bail, should you be that fortunate, you'll be given a yellow Defendant's copy of "The State of New Hampshire Judicial Branch Orders and Condition of Bail" or a "Bail Receipt." At the top will be "State v. your name here." Yes, that's right, the plaintiff is the State, which represents the will of the majority of its residents. This form is also called a NHJB-2369 form, as indicated on the lower left corner in very fine print. On the second page of this form you will be told when and where your arraignment (scheduled court appearance) will be. Alternatively, you will be informed of your arraignment date on a summons or complaint. Your arraignment date is usually a couple months later. You will also likely be told on the form to refrain from consuming alcohol. There will also be a Bail Commissioner's fee.
You will now have to get your impounded car back. In my case, it cost me nearly $500. Yes, that's right. Towing cost $200, "mileage" was $100, and "storage" was $200. I was just thankful to get my car back undamaged and without anything missing from it.
Enjoy your driving privileges while they last. You might at this time start to become familiar with New Hampshire Criminal and Administrative Law. It is important to begin to understand the complex legal labyrinth that you have entered. If not you will be helpless. You will need to read New Hampshire Revised Statutes Annotated (RSA) 265-A Alcohol and Drug Impairment, and the New Hampshire Code of Administrative Rules He-A 300, Saf-C 2800, and Saf-C 200.
If you submitted to a post-arrest breath test, you undoubtedly already know your test result. The official result of your breath test appears on the pink Intoxilyzer 5000 Test Record that should have been given to you by the police prior to your release from custody. The official result is the number that appears to the right of "REPORTED VALUE." Upon release from custody, your license will be taken and you will be issued a Temporary Driving Permit, which will expire thirty days from date of service.
If you submitted to a blood test, you will be notified by certified mail of the results of that test by means of a letter from the State of New Hampshire Department of Health and Human Services forwarded to you by the law enforcement agency that arrested you. It make take four to eight weeks, or more, for you to receive the results of your blood test, even longer if the police ask that your sample be tested for controlled drugs. Upon release from custody, you will retain your license, but upon notice of results of an illegal B.A.C. you will be asked to immediately surrender it to the Department of Motor Vehicles.
If you refused to submit to a post-arrest chemical test requested by the police, the police will immediately take your license away and issue you a thirty day Temporary Driving Permit. You will also face an automatic Administrative License Suspension by the State of New Hampshire. The period of revocation is 180 days if your motor vehicle records show no prior convictions and no prior Administrative License Suspensions; if you have either, the revocation period becomes two years. By operation of New Hampshire law, this period of revocation cannot run at the same time as any other loss, meaning that your administrative license loss will be consecutive with any other New Hampshire suspension, including any loss you may receive in court if convicted of the underlying DWI charge.
If you refused to submit to a post-arrest chemical test requested by the police, the police will immediately take your license away and issue you a thirty day Temporary Driving Permit. You will also face an automatic Administrative License Suspension by the State of New Hampshire. The period of revocation is 180 days if your motor vehicle records show no prior convictions and no prior Administrative License Suspensions; if you have either, the revocation period becomes two years. By operation of New Hampshire law, this period of revocation cannot run at the same time as any other loss, meaning that your administrative license loss will be consecutive with any other New Hampshire suspension, including any loss you may receive in court if convicted of the underlying DWI charge.
During this time, the state prosecutor will be assembling all the evidence for its case against you: the B.A.C. determination, the police cruiser tapes, the police reports, etc... You, or your lawyer, may make a discovery request to obtain these before the day of your court appearance.
Next, you will receive the first of many letters from the State of New Hampshire Department of Safety, Division of Motor Vehicles. This first letter will state that:
"as a result of receiving a sworn report from a law enforcement officer alleging you submitted to a chemical test(s) that disclosed a drug/alcohol concentration in your system that met or exceeded the legal limit
all license/operating privileges are suspended/revoked for X months."
If you either refused to submit to a chemical test, or you submitted to one and it showed an alcohol concentration of .08 or more (.02 or more if you are under age 21), you face the loss of your New Hampshire driver's license or right to operate in New Hampshire under the Administrative License Suspension law (ALS). That loss may be for six months or two years, depending on your motor vehicle record. My ALS was for nine months because I had four points on my driving record during the last three years (three points for a speeding ticket going 16-20 mph over the speeding limit, and one point for an expired inspection sticker).
If you submitted to a chemical test, the period of revocation will run at the same time as any other loss, meaning that your administrative license loss will be concurrent with any other New Hampshire suspension, including any loss you may receive in court if convicted of the underlying D.U.I. charge. If you refused to submit to a chemical test, this period of revocation cannot run at the same time as any other loss, meaning that your administrative license loss will be consecutive with any other New Hampshire suspension.
If you submitted to a chemical test, the period of revocation will run at the same time as any other loss, meaning that your administrative license loss will be concurrent with any other New Hampshire suspension, including any loss you may receive in court if convicted of the underlying D.U.I. charge. If you refused to submit to a chemical test, this period of revocation cannot run at the same time as any other loss, meaning that your administrative license loss will be consecutive with any other New Hampshire suspension.
After surrendering your license, you cannot drive. If you are caught driving you will be sentenced to 7 days in jail and an additional one year suspension/revocation of your license/operating privileges.
You may, in writing, request an administrative license suspension hearing within 30 days of your arrest if you refused a B.A.C. test or blew an illegal B.A.C., or within 30 days of receiving your Notice of Suspension from the Department of Safety/Motor Vehicles if you submitted to a blood test. It's difficult to prevail in these, though. The state (law enforcement)has the burden of proof by a preponderance of evidence that:
1. the officer had reasonable grounds to pull you over;
2. the facts on which the reasonable grounds were based;
3. that you were arrested properly;
4. that you either refused a B.A.C. test, or consented and were above .08;
5. that the officer advised you that refusal to the B.A.C. test would result in suspension of your license.
"Preponderance of the evidence" simply means "more likely than not." It is the lowest standard of proof.
If you decide to go for the hearing, you will definitely need an attorney, which will be expensive.
Next, your criminal court appearance. Yes...unfortunately, there's a lot more to come.
No comments:
Post a Comment