A DWI arrest in New Hampshire often triggers two separate but parallel processes. One involves criminal prosecution in court. The other is an administrative proceeding under the license‑suspension statute, commonly called an Administrative License Suspension or ALS.
Even if you are ultimately acquitted in criminal court, the administrative process may still cost you your driving privileges. Understanding how the ALS hearing works and what to expect is critical for anyone charged with DWI.
Understanding the Administrative License Suspension (ALS) in NH
Under New Hampshire law, the agency responsible for driver licensing must suspend the license or driving privilege if a person either refuses a blood alcohol concentration (BAC) test or submits to a test that reveals a BAC at or above the legal threshold.
If you submit to a test and the result shows a BAC above 0.08 percent for drivers over 21 (or 0.02 percent for those under 21), the suspension will follow.
For a first-time offense with no prior refusals or suspensions, the license may be suspended for six months. If there is a prior refusal or prior DWI/ALS on record, the suspension can stretch to two years.
Notice of suspension becomes effective 30 days after service. Law enforcement will often confiscate the license and issue a temporary permit for that notice period. Because ALS is separate from the criminal DWI case, you may face both proceedings. Winning in criminal court does not necessarily restore your license.
Who Should Request and Attend the ALS Hearing?
If you receive a notice of license suspension after a failed or refused test, you have the right to request an ALS hearing. That request must be submitted within thirty days of the date the notice is issued or of the arrest (if you refused testing).
At the hearing, you may appear in person. You may also bring an attorney or other relevant witnesses. The state will typically present evidence such as the BAC report or sworn police officer statements. You or your attorney will have the opportunity to challenge the evidence or procedural issues.
It is wise to attend. If you fail to request or attend the hearing, your license suspension will proceed automatically, and you will lose the right to challenge it.
What Happens During the ALS Hearing in NH?
After you go for the ALS hearing, these things might happen during your hearing:
Hearing Officer Review
The hearing takes place before a hearing examiner employed by the agency (not a criminal court judge). The examiner reviews whether the statutory conditions for suspension have been properly met.
Presentation of Government Evidence
The state typically submits the sworn report from the arresting officer along with any chemical test results. That documentation serves as the basis for license suspension.
Opportunity for Challenge
You or your criminal defense attorney can challenge the validity of the test, the procedure, or whether the officer gave proper implied‑consent warnings. You may also present any evidence you believe undermines the suspension notice.
Decision and Timing
After the hearing, the examiner issues a ruling. Under statute, the examiner must render a decision within 15 days of the hearing date or request for review.
If the examiner upholds the suspension, your license remains suspended for the prescribed period. If the examiner finds for you, the suspension may be rescinded and your driving privileges reinstated.
Even if the decision is in your favor, you still face the criminal case if charges were filed. The administrative hearing only addresses the license suspension, not the criminal offense.
| Did You Know? In New Hampshire, more than 1,900 drivers had their licenses administratively suspended for DWI-related offenses during the 2021 – 2022 fiscal period, highlighting the importance of attending your ALS hearing to protect your driving privileges |
Possible Outcomes of the ALS Hearing
If the hearing examiner finds the state met its burden, you will lose your driving privileges for the suspension period (typically six months for a first offense, or two years for repeat or refusal-based offenses).
If the examiner finds that the suspension was not properly imposed, for example, due to procedural errors, improper consent warnings, or faulty test evidence, the suspension may be rescinded and your license reinstated.
Even if your license is reinstated administratively, you remain subject to the criminal case. Winning the hearing does not guarantee criminal case dismissal.
If the examiner upholds the suspension, you may still appeal the decision in the superior court, but only on limited grounds and within a specific time window.
How to Prepare Effectively for Your ALS Hearing?
While preparing for your ALS hearing in NH, keep these important points in mind:
- Request the hearing immediately and make sure the request is submitted within thirty days of the notice.
- Collect all documentation, including police reports, BAC test records, and any witness statements or video evidence that may support your case.
- Consider hiring an attorney experienced in DWI and ALS hearings. An experienced defense lawyer knows how to scrutinize test procedures and consent warnings, and may help negotiate a favorable outcome.
- Be prepared to challenge evidence or procedural errors. Even minor defects in test administration or notice procedures can form the basis for a successful challenge.
- Gather evidence about your driving history, including prior clean driving record, license status, and any mitigating factors that may influence the hearing examiner’s decision.
Conclusion
An ALS hearing in New Hampshire is a consequential proceeding that often determines whether you keep or lose the privilege to drive. It is separate from your criminal case, operates under administrative law, and has its own deadlines and procedural requirements. You should treat it seriously.
By acting promptly, gathering evidence, and seeking skilled legal representation, you improve your chances of preserving your driving privileges.
If you are facing a DWI arrest and an Administrative License Suspension, you need experienced guidance. Call us today at (603) 945-8135 or contact us online to schedule a confidential consultation and protect your driving rights before it is too late.
Frequently Asked Questions
Q1. Do I have to attend the ALS hearing if I receive a suspension notice?
Yes. To preserve the right to challenge the suspension, you must request the hearing within thirty days. If you skip the hearing, your license suspension will proceed automatically.
Q2. Can I drive while waiting for the hearing or decision?
Once the suspension notice is issued, the temporary license or permit issued by the officer remains valid only for the notice period. After that period ends, driving privileges are suspended unless the hearing cancels the suspension.
Q3. How long after the hearing will I get a ruling?
The hearing examiner is required by statute to issue a decision within 15 days of the hearing date or of a request for review.
Q4. If I win the hearing, will that help my criminal DWI case?
Not necessarily. The ALS hearing only addresses license suspension. Criminal charges proceed separately. A favorable decision in the ALS hearing does not guarantee an acquittal or reduced sentence in criminal court.
Q5. Can I appeal the hearing decision if I lose?
Yes. Under state law, you may petition the superior court for review of the administrative suspension within 30 days of the final order.
