Wilson, Bush & Keefe, P.C.Nashua Criminal Law | New Hampshire Personal Injury Attorney2026-06-01T09:42:41Zhttps://www.wbdklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1600179/2020/08/cropped-favicon-wbk-32x32.jpgOn Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[What happens if you get a second DWI in New Hampshire?]]>https://www.wbdklaw.com/?p=469322026-05-14T15:44:32Z2026-05-14T15:44:32ZRecognizing the mandatory jail requirements
Unlike a first offense, a second DWI conviction in New Hampshire carries mandatory time in a county correctional facility. The duration depends on how recently your first conviction occurred:
Within two years of the first offense: The law requires a 60-day sentence, with at least 30 consecutive days served in a county correctional facility.
Between two and ten years of the first offense: The law requires a 17-day sentence, with at least 5 consecutive days served.
Following your release, you generally have to adhere to a strict compliance schedule:
Mandatory victim impact panel: Completion of a qualified online victim impact panel program (minimum 3.5 hours).
Immediate IDCMP contact: Contact an Impaired Driver Care Management Program (IDCMP) within three business days of release.
Evaluation deadline: Completion of a full substance use disorder evaluation within 60 days of release.
Staying proactive with these timelines is an important part of complying with the court’s requirements and can help keep your progress toward license restoration on track.
Losing your license after a second DWI
A second DWI conviction carries a mandatory minimum three-year license revocation that the court cannot shorten. If you refused a chemical test at the time of your arrest, the New Hampshire Division of Motor Vehicles (DMV) may impose an additional two-year administrative suspension, and in many cases, these periods run consecutively.
Once eligible for restoration, you will be required to install an ignition interlock device (IID) in any vehicle you drive for a period of 12 months to two years.
Understanding the long-term financial Impact
The costs of a second conviction extend far beyond the mandatory minimum fine of $750. With the 24% penalty assessment, the baseline cost alone reaches nearly $1,000. Additional expenses include IDCMP evaluation fees, the victim impact panel, required treatment programs and monthly ignition interlock costs.
You will also likely need to maintain SR-22 insurance for several years, which typically drives up your monthly premiums significantly.
Moving forward with the right information
Facing these penalties can feel overwhelming, but understanding the requirements of DWI law is the first step in managing the road ahead. New Hampshire's laws are strict, but they are clear about what is expected for reinstatement. Staying informed about your obligations ensures you do not face unnecessary delays.
When court requirements and DMV administrative rules intersect, professional guidance can help you work through the specific steps toward getting back behind the wheel.
]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[What to do after a DWI arrest in New Hampshire]]>https://www.wbdklaw.com/?p=469302026-02-10T05:52:28Z2026-02-10T05:49:26ZBe cooperative with the police
After your DWI traffic stop, you need to stay calm and avoid resisting arrest, as this can lead to additional charges or fines. By showing the law enforcers your license, proof of insurance and registration, you let them know that you are willing to cooperate.
Depending on the circumstances, they may ask you to take a breath or blood test. You can comply or refuse on your own terms. However, you need to remember that refusing to take a breathalyzer test will lead to an automatic license suspension.
Practice your right to remain silent
Aside from your personal information, you must not answer any more questions about the incident that can lead to your self-incrimination. These can be questions like “how much alcohol did you drink” and “are you feeling drunk.”
Keep in mind that the police can use the words you say after your DWI arrest as evidence against you.
Document your arrest
To help build a comprehensive and strong defense for your case, you must document every key detail about your DWI arrest, including the date and time when you were arrested, the names of the law enforcers and your car’s dashcam footage.
These records must only be for you and your legal counsel. Do not post them on social media.
Post bail
After the officer in charge finishes booking your DWI arrest in the police station, you will need to appear before a judge for bail. While the amount will vary depending on the circumstances of your offense, posting bail can help you get released from jail while you await your scheduled DWI trial.
Request for an administrative license suspension (ALS) hearing
After posting bail, you must contest your license suspension decision by requesting an ALS hearing with the New Hampshire’s Bureau of Hearings. By filing this request with promptness and attending your ALS hearing on time, you may be able to keep your driver’s license.
Hire a DWI defense lawyer
By seeking aggressive legal representation for your drunk driving case, you can build a strong defense for it. Since criminal defense lawyers have professional experience handling similar types of cases, they can help you gather evidence with efficiency and advocate for your rights in court.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[3 reasons defense lawyers partner with expert witnesses]]>https://www.wbdklaw.com/?p=469292025-11-18T22:21:26Z2025-11-18T22:21:26ZDefense attorneys have to advise their clients about their rights. They need to cultivate a deep understanding of state statutes and applicable precedents from similar cases. They may need to assess the state's case, seek out additional evidence and present a compelling narrative to exonerate their client during a trial.
Sometimes, criminal defense attorneys hire expert witnesses. These outside professionals may play a critical role in the overall defense strategy for a client. Why do lawyers bring in expert witnesses during a criminal trial? Here are some important reasons:
1. To explain complex information
The mark of a true expert is the ability to take a difficult and complex idea and make it accessible to others. Expert witnesses can help explain complicated forensic evidence or financial records in a way that makes sense to the average juror. Their specialized knowledge can make explanations more compelling than similar explanations provided directly by a defense attorney.
2. To identify evidentiary issues
Accurately reviewing evidence requires special training. Police departments and prosecutors may work with specialists ranging from forensic pathologists to accountants to support allegations against a particular defendant. Expert witnesses who analyze the same evidence might discover issues with how the state analyzed the evidence. Problems with evidence storage and collection can also come to light thanks to the intervention of an expert witness. Questions about the usefulness of certain evidence can weaken the state's case substantially, making an expert witness’s insight critical.
3. To raise a reasonable doubt
In some cases, expert witnesses can analyze the same evidence as the state and reach a vastly different conclusion. In an embezzlement or money laundering case, for example, they might notice in the previously-overlooked transaction that implicates a different person. They might be able to draw attention to certain details about the evidence that raise questions about whether the defendant could have committed the crime or that seem to connect a different person to the criminal incident. Expert witnesses can weaken the state’s case, make evidence accessible to jurors and even help identify alternate suspects. Those hoping to fight pending criminal charges often need the insight of experienced legal professionals. Working with an attorney to develop a criminal defense strategy may involve a review of evidence and even the support of outside professionals. Those who respond assertively to charges can increase their chances of avoiding a conviction.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[How an inappropriate traffic stop can impact a DWI case]]>https://www.wbdklaw.com/?p=469282025-08-24T23:50:49Z2025-08-24T23:50:49ZLawyers can exclude ill-gotten evidence
Constitutional rights protect people from overreaches by government authorities. Inappropriate searches and seizures are a violation of an individual's Fourth Amendment rights. The state typically cannot use evidence obtained through inappropriate searches when prosecuting an individual.
If a defense attorney can convince the courts that a police officer did not have appropriate justification to stop a driver, that could affect the usefulness of any evidence acquired during that traffic stop. Under the exclusionary rule, defense attorneys can ask the courts to set aside evidence obtained through inappropriate means.
Prosecutors cannot rely on evidence obtained during an inappropriate traffic stop while building a case against a motorist. A defense attorney can help establish that inappropriate police conduct occurred and can assist a driver accused of a DWI by excluding statements that they made to police, field sobriety test results and even chemical tests from court proceedings.
The elimination of the evidence obtained during a DWI traffic stop could lead to the state dismissing the pending charges or could seriously weaken the prosecution’s case. Understanding the rules that limit law enforcement activity can make a major difference for those accused of drunk driving.
Looking into every viable defense strategy can help people avoid the long-term complications that could follow a criminal conviction. People hoping to avoid a DWI conviction often need help as they prepare to take the case to trial, and that’s okay.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[What does it mean to have constructive drug possession?]]>https://www.wbdklaw.com/?p=469272025-05-24T17:11:07Z2025-05-24T17:11:07ZThe individual didn't physically possess the drugs
The term constructive possession refers to scenarios in which individuals did not have contraband in their personal possession. Police officers did not find the drugs in their pockets or in a purse. Instead, they found the drugs near an individual or in a location that they can access.
Constructive possession charges frequently follow searches of vehicles or private property that uncover contraband. Police officers and prosecutors can make decisions about who to charge with a drug offense in such scenarios. Factors including proximity and access may influence who the state determines is likely the party who possessed the drugs that officers found.
Different defense strategies may be necessary
The way that people respond to drug charges can be vastly different from one case to the next. In scenarios involving allegations of constructive possession, the state has to establish certain key facts in court to convict the defendant. Prosecutors need evidence showing that the accused individual was aware of the drugs and also had control over the drugs.
Proving that an individual didn't have access to the location where officers found the drugs or evaluating forensic evidence that indicates another party may have had direct contact with and control over the drugs could help a defendant avoid an unfair criminal conviction.
People have been able to avoid convictions or appeal after a conviction by asserting that the state did not effectively establish their awareness of and control over the drugs found by police officers. Responding effectively to pending drug charges requires an understanding of the loss and appropriate support. People facing allegations of constructive possession may need help responding effectively in criminal court.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[These medications come with a high risk of abuse]]>https://www.wbdklaw.com/?p=469262025-03-01T16:16:13Z2025-03-01T16:16:13Zabuse for recreational purposes. Requiring a medical recommendation and distribution through licensed pharmacies helps prevent widespread abuse of powerful medications. Technically, people can face criminal charges for inappropriately possessing or sharing any type of prescription medication.
However, certain medications often trigger more intense scrutiny because of their strong association with addiction or abuse. People who have prescriptions for the medications listed below may need to be particularly proactive about legal compliance to protect themselves.
Pain medications and muscle relaxers
The powerful prescription medications provided to people after they break bones or go through surgery are addictive in many cases. Doctors typically prescribe the lowest dose that they can and limit the number of doses that they provide. People also frequently abuse muscle relaxants, like Flexeril.
Prescription stimulants
Attention deficit hyperactivity disorder (ADHD) is a neurological condition that affects people's relationships and job performance. Young adults and grown professionals may have prescriptions for powerful stimulant medications. Drugs like Ritalin and Adderall can help people with ADHD manage their symptoms. College students and those in high-demand professions are among those who might abuse prescription stimulants.
Psychiatric medications
There are a number of medications that people take to control psychiatric conditions that people may abuse. Benzodiazepines, for example, have a strong association with abuse and dependence. Historically, people have also abused drugs like lithium.
Erectile dysfunction medications
There is a strong demand on the unregulated market for erectile dysfunction drugs. People not only try to obtain the medication to treat symptoms without the oversight of a doctor, which can be dangerous. They also sometimes combine these medications with other drugs, like cocaine, in a dangerous drug cocktail.
If police officers encounter people with these types of medications in their possession, they may have questions about the origins of those medications or an individual's intent. Recognizing that certain medications create legal vulnerability can be beneficial for patients with a wide range of different conditions. Fighting back against drug charges related to prescription medication requires a custom strategy based on the medical history of the defendant and the charges they face.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[What constitutes a technical or per se DWI offense?]]>https://www.wbdklaw.com/?p=469252024-12-06T00:07:15Z2024-12-06T00:07:15ZThe driver had an elevated alcohol level
State law makes it illegal to drive while chemically impaired. Anyone who is aware that drugs or alcohol may have affected their ability to operate a vehicle should not drive. However, even those who believe they are sober enough to drive can face criminal prosecution.
The state maintains legal limits for a driver's blood alcohol concentration (BAC). Simply being over that limit is a crime in and of itself. That is where the term per se DUI gets its name. The phrase per se means by itself, and it references how an elevated BAC is illegal on its own merit.
Prosecutors do not need to demonstrate that a driver drove poorly or endangered other people. They simply need proof that a driver was over the legal limit for their BAC to justify criminal charges.
Some drivers are subject to a stricter limit than others. Those operating commercial vehicles like 18-wheelers or buses can face DWI charges with a BAC of 0.04%. Young adults who are not yet old enough to legally drive are subject to a limit of 0.02%.
Defense strategies differ in cases where the main claim against a driver is that they exceeded the chemical limit. Reviewing the state's evidence can help drivers prepare a viable defense strategy when facing DWI charges.
Seeking legal guidance can help people charged with driving while intoxicated question test results, provide alternate explanations or show that a traffic stop was illegal. Those who fight DWI charges may avoid criminal penalties and the challenges that come from having a criminal record.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[3 outside influences that can affect chemical breath tests]]>https://www.wbdklaw.com/?p=469242024-09-02T14:54:40Z2024-09-02T14:54:40ZBlood sugar issues
Some people have type 2 diabetes but have not yet received a diagnosis from a doctor. Other people may intentionally put their bodies into a state of ketoacidosis in an attempt to be as healthy as possible. Breath tests can return false positive results when someone has blood sugar issues or is in a state of ketoacidosis. That connection is so strong that some companies market breath tests to those interested in fitness as a way to determine when they have achieved an internal state of ketoacidosis.
Hygiene practices
Bad breath is embarrassing, and many people want to put their best foot forward when dealing with law enforcement professionals. Some motorists carry breath spray or mouthwash in their vehicles. They can then freshen up when meeting with other people. The decision to use mouthwash or a breath spray right before a traffic stop could potentially lead to a false positive. Many breath freshening products contain alcohol and may result in highly-inaccurate chemical test results.
Prescription medications
People sometimes take specific medications that could lead to false positives on a breath test. For example, if someone experiences asthma attacks, they may notice difficulty breathing when they feel anxious. Getting pulled over by a police officer might trigger their anxiety, leading to breathing challenges. If they use an inhaler, the chemicals in the inhaler could produce a false positive result. There are also certain unusual medical conditions that might affect breath test accuracy. In fact, tests can return false positives due to mistakes made by the police officer administering the test or the department maintaining the device.
Challenging the accuracy of breath test results is one potential solution for those facing drunk driving charges. Drivers who understand that tests are not always accurate can potentially develop a defense strategy where they raise questions about the main evidence against them.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[Can a drug arrest motivate someone to achieve and maintain sobriety?]]>https://www.wbdklaw.com/?p=469152024-05-30T14:17:07Z2024-05-30T14:17:07ZNew Hampshire has programs that can help
The criminal courts have not been able to stem the tide of substance abuse across the United States. Treating addicts as criminals often only worsens their situations. Many states have begun to try alternative approaches to addressing drug offenses and crimes specifically connected to addiction.
Drug treatment courts are an alternative available in many jurisdictions. Those arrested in the Nassau area in New Hampshire could potentially qualify for drug court instead of traditional criminal court in Hillsborough County. Those accused of qualifying offenses can sometimes ask for adjudication in the treatment courts instead of the criminal courts.
Drug court proceedings require court oversight and drug testing. Defendants agree to undergo randomized testing and to participate in drug rehabilitation services. Drug court does take an extended period of time to complete. However, those who are able to fulfill all court requirements can avoid the criminal penalties and standard criminal records that come from traditional drug charges.
Families that want to encourage someone to rise above a substance abuse issue might benefit from discussing the drug courts as an alternative option when responding to pending New Hampshire drug charges. Helping a loved one overcome a substance abuse disorder could change or possibly even save their life.]]>On Behalf of Wilson, Bush & Keefe, P.C.<![CDATA[How long can someone lose their license for a DWI?]]>https://www.wbdklaw.com/?p=469142024-03-07T23:17:57Z2024-03-07T23:17:57Zmore than 70% higher after a DWI conviction in New Hampshire. Finally, judges have the authority and often the legal obligation to suspend someone's driver's license because they failed a breast test, pleaded guilty to a DWI or refused a breath test after an officer arrested them.
How long could someone lose their driver's license for after a DWI conviction?
Suspensions can last for years
Factors including someone's blood alcohol concentration at the time of their arrest, the type of vehicle involved, whether the situation led to injuries and the prior record of the allegedly impaired driver can all influence what penalties a judge could impose when someone pleads guilty to a DWI charge.
In New Hampshire, the mandatory minimum license suspension is nine months for a first DWI conviction, although judges can reduce that license suspension period to 90 days in some cases. They could sentence someone to a two-year suspension in others. In some cases involving aggravating factors, such as excess speed or a minor passenger, the license suspension could last from between 18 months and two years.
Someone convicted of a second DWI within 10 years of the first faces more serious penalties. The minimum license suspension increases to three years. Someone accused of a felony DWI offense could face indefinite license suspension, although people can request reinstatement after seven years in some cases. Cases involving those who drive commercially for a living can involve more serious consequences for the driver, such as loss of their professional license.
Especially if someone is the primary wage earner for their family or needs to drive because of their employment, a DWI conviction could be a major setback. Learning more about the penalties that a New Hampshire criminal judge could hand down as part of a DWI sentence, including driver's license penalties, can help people to make informed decisions about responding to any impaired driving charges that they’re facing.]]>