Daniel Hynes

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How New Hampshire’s DWI Laws Measure Up to Those of Other States

Lawmakers and legislators in New Hampshire work diligently to ensure that our state maintains the most effective DWI laws available. In addition to ensuring that our laws cover multiple situations and are clear, the sentencing guidelines for such offenses are also frequently evaluated. An ideal sentence will deter recidivism by sufficiently punishing the perpetrator for their offense.

The National Highway Traffic Safety Administration (NHTSA) released a report this month that compares DWI criminal penalties from each of the 50 states, including Washington D.C. and Puerto Rico, with one another. The report examined multiple factors, which included the following:

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How Does New Hampshire Define a Motor Vehicle For DWI Purposes?

The arrival of summer in the state of New Hampshire is also accompanied also by the arrival of lawnmowers, boats, all-terrain vehicles (ATVs), and bicycles. During the lazy days of summer, it is quite possible that you will spend a morning mowing your lawn and then choose to take your boat out on the lake for a relaxing afternoon jaunt. On the other hand, you might decide to head into the forest on your ATV or take a bike ride to enjoy some fresh air. While any of these options certainly sound relaxing, if you have been drinking, it could potentially lead to a DWI charge.

In the state of New Hampshire, pursuant to Title XXI, Chapter 265-A, it is classified as illegal to drive or attempt to operate an automobile in any manner or to operate an off road recreational vehicle (OHRV) while the motorist is under the influence of alcohol or drugs, particularly if the individual’s blood alcohol content is .08% or higher. If this individual is under the age of 21, then the allowed BAC levels drop down to .02%.

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Discovering the True Cost of a New Hampshire DWI

Hands down, one of the most common questions we hear from new clients is, “How much is this DWI going to cost me?” Ultimately, the amount of money that you spend is going to depend upon quite a few variables. There is one thing that is an absolute certainty: a DWI conviction in New Hampshire is going to be pretty expensive. Today, we’re going to take a close look at a current list of all of the expenses associated with a New Hampshire DWI conviction – with an emphasis on how important it is to be represented by an experienced and skilled NH DWI attorney.

Naturally, the most effective method of avoiding the costs associated with a DWI is to avoid a conviction. The two most obvious methods of doing so are 1) avoiding the use of all alcohol when you know you’ll be operating a motor vehicle in the near future and 2) employing the use of a designated driver. Technically, it is not against New Hampshire state law to drink and drive, but if you choose to do so, you’re definitely opening yourself up to the possibility of arrest and conviction.

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http://www.concordmonitor.com/news/12216419-95/ray-duckler-tis-the-season-to-have-fun-stay-safe

"So let’s turn to local DWI lawyer Dan Hynes, who laid out the damage for us: up to $5,000 for a lawyer; a $620 fine; about $1,000 for a DWI class, needed to get your license back; a spike in insurance premiums.

Want more? If you’re younger than 21, you lose your license for a year, minimum.

Remember, DWI is no longer merely a violation; it’s a crime."


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The ever slow legislature, may finally allow hardship licenses for DWI. However, it does not take effect until 2016 (assuming it is passed), is only available to first time offenders, can only be available after serving 60 days without a license, requires the interlock device, SR-22, and requires court approval.

These are a lot of expensive and difficult things to do. It is better if you don't lose your license in the first place with a good DWI defense.

Here is the text of the bill: HB 496

AN ACT relative to driving privileges for certain first-time DWI offenders.

Be it Enacted by the Senate and House of Representatives in General Court convened:

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