Most people are under the assumption that it is perfectly acceptable to refuse to submit to an alcohol breath test, and that there aren’t any repercussions in doing so. However, while an individual is not necessarily deemed guilty in refusing a test, that individual is subject to certain initial mandatory punishment regardless of whether or not they were truly under the influence of drugs or alcohol while operating a motor vehicle.
An Administrative License Suspension in New Hampshire is imposed by the Department of Safety and is automatic upon refusal to submit to any kind of post-arrest sobriety testing, including breath, blood, or urine. If an individual has no previous DUI offenses or sobriety test refusals on his or her record, then the suspension will only be for a period of six months. However, if an individual has either a previous DUI offense or test refusal on his or her record, then the suspension period more than doubles to two years. Also noteworthy is that an ALS does not run concurrently to other suspension sentencing, but consecutively, or in addition to, in the case of a refusal. Therefore, any suspension sentencing imposed by the court will not take the place of an ALS, but will be added to it instead.
An ALS can be challenged, but a petition needs to be filed with the Department of Safety within 30 days of your arrest or 30 days of your ALS issuance. Once a petition is filed, a hearing date will be determined. It is always a wise idea to retain the services of an experienced DUI defense attorney to help petition on your behalf. In all matters pertaining to DUI, a skilled criminal defense attorney is an individual’s best bet at mounting the strongest possible defense given the circumstances of the case. Remember, if you refuse to submit to a sobriety test, that refusal can be used against you in a court of law as evidence of probable guilt. This is why it is critical to make sure that you have someone on your side that will aggressively fight the charges, ensuring that your rights are not infringed upon.
If you have been charged with DUI, or would like more information about ALS, please contact the knowledgeable New Hampshire DUI defense lawyers at Tenn And Tenn, P.A. Our attorneys can assist you with all DUI matters, and will even provide you with a free telephone consultation to start things out. Call us today at (603) 614-5055