Daniel Hynes

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Arrested for dwi with a previous conviction

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In New Hampshire, if you have a previous conviction within the last 10 years, you will be charged with a subsequent offense DWI.  If you are found guilty of a second offense DWI, you will go to jail and have a minimum 3 year license loss. The jail time is up to one year for a second or third offense, but a fourth offense felony dwi has up to 7 years in prison.

If you are charged with DUI or DWI while you have already been charged with dwi, but not yet convicted, the good news is you won't be facing second offense penalties. The bad news is if you are found guilty of both charges, there is a very good chance the judge gives you an increased sentence. Additionally, it is a criminal offense to commit a crime, including DWI, while you are out on bail. The jail time on that offense will run in addition to any other jail time.

Remember, an arrest for a dwi is not a conviction. Make the state prove your guilt beyond a reasonable doubt by raising your best defenses. Sometimes, a good dwi lawyer can get the prosecutor to reduce a second offense to a fake first offense. This will keep you out of jail, and often has a much less loss of license. A good attorney can often point out all the potential issues with a case and have the prosecutor make better offers. Also, a lawyer who goes to trial, and often wins, will have a good reputation. If a lawyer has too many cases, or just settles every case, there likely won't be as good plea offers. Or, a lawyer who has to try a case who doesn't have a lot of trial experience, may miss certain things. Attorney Hynes has handled more than 100 combined DWI trials and DWI hearings at the DMV.

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Guest Saturday, 24 October 2020