Out of State Drivers in New Hampshire DWIs
How a person from out of state is affected by a DWI charge in New Hampshire depends largely in part on what state the driver is licensed in, because states are not always uniform in how they deal with these types of charges.
For this reason, if you have been charged with a DWI in New Hampshire but are from out of state, you should consult with an experienced attorney to determine how your license may be affected. A knowledgeable DWI lawyer in New Hampshire can both assist you in this process as well as build a defense against any possible penalties.
Out-of-State Drivers
If the driver is from out of state and charged with a DWI in New Hampshire, they will receive a notice that their license is about to be suspended administratively by the New Hampshire DMV for either refusing a test or testing over the limit. New Hampshire will then report the suspension to the driver’s home DMV.
What the individual’s licensing state does depends on how they deal with out-of-state DWI charges.
Regional Rules
There are a few regional rules as they apply to New Hampshire DWI charges. The first is the National Driving Compact, which all states belong to. If a person is going to renew their license, has been called for jury duty, or gets stopped by the police and their license is run for anything, they can get flagged if they are suspended in another state. They will then get suspended in their home state until their right to drive in New Hampshire is resolved.
In the New England states, there is a New England Driver License Compact where the states affirmatively report. If a driver from Connecticut, Rhode Island, Vermont, Maine, or Massachusetts gets a DWI in New Hampshire, then the New Hampshire DMV will affirmatively report it to that driver’s licensing state. These drivers get detected quicker than they would if it was just a matter of a passive report to the National Driver Registry.
National Driver Registry
The National Driver Registry is a driver’s license registry that every state reports motor vehicle offense suspension into. The biggest thing is that if a license suspension is reported into that, the person is going to end up getting suspended in their home state at some point. It is crucial that an out of state driver is aware of this when charged with a Stamford DUI.
DWIs are pretty similar in most states. If a person gets a DWI in New Hampshire, and their license is from another state, then that state will most likely reciprocate the New Hampshire DWI suspension. There are times that the National Driver Registry can sometimes cause either favorable or unfavorable results in cases where one or more charges are not a DWI. If the charge is reckless driving though, for example, the charges may be handled differently depending on the state, and uniform penalties will not be applied.
When a state reports something to the National Driver Registry, they use a code called an ACD code. They try to set their state’s offense into the closest code that there is. Sometimes, these things do not match up 100% with each other, which may cause either a worse or less harsh penalty. That depends on how the states report the conviction and how the licensing state treats a conviction under that particular ACD code.
Severity of the Charge
New Hampshire treats DWIs quite harshly. In some states, for example, a person can get a work license relatively quickly. In New Hampshire, a person has to be suspended for 45 days before they can even apply for a much more limited type of driving permit. This is something important for out of state drivers to know when facing a New Hampshire DWI charge.
If a person is licensed in a state that only uses a 0.08 BAC standard when issuing DWIs, a lesser offense such as driving while impaired may come into play. Often, if an individual were to get a specific charge issued against them in their home state, then the charge would likely be reciprocated in New Hampshire.
Benefit of an Attorney
The law is the same throughout the state, but the procedures are not always exactly the same depending on the jurisdiction. An individual that hires an attorney with experience with local judges, and who knows the processes of the court system can greatly benefit a person’s case.
People may be nervous about the length of the process or what to expect throughout the case. An experienced lawyer can calm an individual’s nerves and let them know exactly what to expect throughout the legal process.
If an individual is facing a DWI charge in New Hampshire, it is imperative that they consult with a knowledgeable attorney as soon as possible. An experienced lawyer licensed in New Hampshire can help an individual by building a defense to assist in combatting the prosecution’s allegations.