What Happens If I’ve Refused Both The Roadside Breath Test And The Breathalyzer At The Police Station?

You are under no obligation to consent to the breathalyzer. However, there are administrative (not criminal) penalties imposed for failing to provide a breath sample when requested by law enforcement. When you signed up for your driver’s license, you signed a contract which states in the fine print that you agree to provide a blood alcohol sample or a breath sample at the time of any arrest for impairment; a refusal to provide such sample results in a breach of that contract. The administrative penalty comes from the Department of Motor Vehicles (DMV)—not from the courts.

Following a refusal, you will have the opportunity to appear at an administrative license suspension (ALS) hearing. Whether you refused the test or consented to the test and showed a blood alcohol concentration over 0.08, an automatic 180-day loss of license will be imposed. If your blood alcohol concentration was 0.07 or less, it does not mean that you will be allowed to continue driving; it means that there is evidence that you had alcohol in your system on the night that you were operating the vehicle, which could very well lead to a DWI conviction.

The best piece of legal advice is to refuse the breath test, as this will prevent the prosecutor from obtaining information which could result in a conviction, and require that the prosecutor prove each element of the case against you.

Are DUI And DWI Bondable Offenses?

Typically, there is no cash or surety bail required for first-offense DWI offenses; instead, you will be released on your own personal recognizance without having to post bail. This means that you promise to show up to court and but for $40 bail commissioner’s fee, you will not be required to post any type of bond.

What Happens To My Driver’s License When I’ve Been Charged With DWI In New Hampshire?

Once you have been arrested for driving while intoxicated or driving under the influence, your laminated license will be taken into custody by the police department and you will be issued a 30-day temporary permit. This affords you an opportunity to hire an attorney, make arrangements for work or daycare, and figure out whether you will fight the charge or try to reach a plea agreement with the prosecutor. If you drive after the 30-day mark, you will be subject to a misdemeanor for operating after suspension or revocation of your driver’s license. This could compound your DWI because of additional exposure to license loss, fines, and a longer criminal record.

Someone who refuses a test and gets arrested tonight is not driving 31 days from now. Someone who provides a breath sample and gets arrested tonight is not driving 31 days from now. Someone who gets arrested today and provides a blood sample will be driving until the lab results are back, and then the 30-day temporary license will go into effect on the day the lab results are received and they cannot drive 31 days from the results.

For more information on DUI Cases, a personalized case evaluation is your next best step. Get the information and legal answers you are seeking by calling (603) 880-1300 today.