Daniel Hynes

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DWI Second offense in NH

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Have you been charged with a second offense DWI in New Hampshire?

The penalties for a second offense are a lot worse than a first offense. If you are found guilty of 2nd offense there is Mandatory jail time. It does not matter how compelling your life situation is. The judge's only discretion is whether it is the minimum 5 days in jail, or whether it is up to a year. If you had a previous DWI within two years of when you were arrested on the new charge the minimum jail time is 30 days.

The minimum license loss on a second offense is 3 years. If you refused the breath test, that 2 year license loss will run in addition to the 3 years.

Additionally, second offense requires an interlock device on your vehicle for 1-2 years once you get your license back, and the minimum fine is $930.

To get these enhanced penalties, you have to be found guilty of DWI. An arrest is not a conviction. The best way to avoid jail time is to be found not guilty, or be able to get the charge reduced.

If you are found guilty, the prosecutor has to show you had a previous conviction for DWI within the last 10 years.

If you previously plead guilty to DWI, your best defense might be to try and get the previous conviction set aside. However, this is incredibly difficult to do.

Attorney Hynes has received numerous not guilty verdicts on second and subsequent offenses, and had many charges reduced to first offenses. Give the New Hampshire DWI guy a call today to see what defenses you may have.  With so much as stake you deserve a lawyer who has experience and success handling these difficult cases.

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Guest Saturday, 24 October 2020