Daniel Hynes

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Jail for DWI in New Hampshire

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For most people charged with DWI, it is their first arrest, and I understand you worry about all the potential consequences. If you are charged with only a standard first offense DWI in New Hampshire, the good news is you cannot go to jail (unless you don't pay the fines in which case you can go to jail at the rate of $50 per day to serve off the fine). The bad news is, you cannot have a public defender, and you will have a criminal record if you are convicted (besides losing your license, having to pay fines, and completing alcohol programs before you get your license back).

If you are charged with any type of DWI other than a standard first offense DWI, there is mandatory jailtime if you are found guilty. The other types of dwi with mandatory jail time include aggravated DWI, second offense/subsequent offense, and felony DWI. If does not matter how compelling your reason is to not go to jail (such as a disability, taking care of children/parents, or that you have never been to jail before). If you are found guilty, the judge must send you to jail. The only question is will you be going for 5 days or a year or more.

The best way to not go to jail is to not be found guilty of any of the dwi charges that have jail time. This could include being found not guilty at trial, or having the dwi reduced to something that does not have jail time associated with it. Hiring an experienced New Hampshire DUI lawyer will give you the strongest chance of staying out of jail. Attorney Hynes has had many not guilty verdicts and has had many jailable offenses reduced to non-jailable convictions. Please note, each case is different, and it is impossible to get every case reduced.

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