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Driver's License Issues

DUI charges, DMV actions, and your rights

Most people know that courts can take legal action against you if you are charged with a DUI, DWI, OUI or any other infraction. However, the courts are not the only ones who can impose penalties when you violate the rules of the road. The Department of Motor Vehicles can take action against you and your right to drive, including suspension of your license. This can impair your ability to get to work, school, or carry out your day-to-day responsibilities.

If such action is pursued and could result in limiting your right to drive or register a vehicle, you need an attorney to represent you and your rights. At Burns, Bryant, Cox, Rockefeller & Durkin, P.A., we know how important a driver's license and the ability to transport oneself are to you, especially in New Hampshire. We will do everything possible to represent you in order to help you keep your license.

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Actions DMV may take

As an administrative agency, the DMV has limited powers to take action and enforce driving laws. In New Hampshire, the DMV can:

  • Suspend your driver's license automatically at the time of a DUI arrest
  • Suspend your license for reckless driving
  • Suspend your license when you have too many moving violations or points on your license within a limited time period.
  • Suspend your license or registration when you fail to have the required adequate New Hampshire insurance.
  • Suspend your license by declaring you a habitual offender.

The DMV may also take action in other situations as well, including when you've committed certain drug or alcohol-related offenses or when you've engaged in prohibited behaviors while you have a commercial driver's license (CDL). New Hampshire criminal defense lawyer John E. Durkin can provide you with more detailed information on the types of situations where the DMV may take action against you.

Given that they have the right to suspend your license, the DMV may in fact do so automatically following an arrest or another event. To give an example, if you are arrested for a DUI/DWI, the DMV has the right to automatically take away your driver's license. The responsibility then falls onto you to request a hearing in order to argue for why your license should not be suspended or revoked.

DMV action against you is separate from court action that may be taken against you. In appealing, you are dealing with an administrative process, which means it is imperative that you have an experienced New Hampshire DMV hearing attorney on your side. Contact us for a case evaluation today.

What can happen to my license?

If you depend on your car to fulfill obligations such as getting to work or transporting children, you know that living without a vehicle can severely impact your daily life. New Hampshire has very limited public transportation, so finding an alternative form of transport can be difficult, or seem impossible.

There are many reasons that issues can arise with your license, such as DUI/OUI/DWI charges or having too many moving violations. Our driver's license suspension attorneys can help.

License suspension and revocation

A driver's license can be suspended for a number of reasons, such as:

  • Reckless driving
  • Driving while under the influence
  • Committing too many moving violations
  • Causing someone's death in your vehicle
  • Driving on a suspended license or registration

Revocation can also result from wrongful acts, but usually a revocation will not occur unless you are a habitual offender. In addition, the revocation of a license to drive a commercial vehicle is much more common than one to drive a passenger vehicle.

When issues with a license do occur, they may happen either with the DMV, or the court system. If the DMV immediately suspends a license upon a DUI charge, this is known as an administrative action. After you have been convicted of a DUI, the court may move to suspend your license. Since this suspension period can overlap, you will need to fulfill the requirements of both the DMV and the court to re-obtain your license.

We can help

When you're facing issues involving your driver's license, our New Hampshire driver's license suspension attorneys at one of the oldest law firms in New Hampshire: Burns, Bryant, Cox, Rockefeller & Durkin, P.A. can help.

We can assist you in raising defenses so you are not found guilty of a DUI, reckless driving, moving violation or other infraction that is endangering your license. We can also help to arrange a plea bargain in order to reduce the charges and penalties against you, and argue for a hardship license so you can have access to the transportation you need.

These are only a few examples of what we can do to help you. To learn more about the legal services we provide, call us at 603-742-2332 or use our contact form to get in touch with our experienced New Hampshire driver's license defense attorneys today.

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