If you or someone you care about is charged with a DWI in New Hampshire and holds a commercial driver’s license (CDL), this is a case that presents unique perils to the accused.
Under federal regulations, which are implemented in New Hampshire by the Department of Safety, a CDL holder will face a one-year suspension upon any of the following “offenses,” which are really “events,” since most of them do not require a court conviction:
You may have noticed that most of the ways that a CDL holder can suffer a one-year loss don’t even require a conviction. For example, you can be acquitted of DWI, but still lose the CDL for one year upon an upheld administrative suspension for refusal of breath test.
A CDL holder, who faces a NH DWI or DWI-related administrative suspension or Conduct after Accident as described above, faces a lifetime revocation of CDL if he or she has a prior “offense” in the list described above.
These are defined to include speeding greater than 15 miles per hour over the speed limit, reckless driving, and other offenses.
Despite all the perils facing a CDL-holder charged with DWI or Conduct after an Accident in NH, our DWI attorneys have had success representing CDL holders. In several cases, we have saved our client’s CDL by avoiding administrative suspension and avoiding a qualifying conviction. However, these are extremely difficult cases because the only way to save client’s CDL is to prevail both in Court – where the prosecution faces a high burden of proof — and to prevail in the Department of Safety, where the prosecution faces a very low burden of proof.
If you call Concord DWI Defense Attorney Ted Lothstein, who handles DWIs throughout the State of NH, or Keene DWI Defense Attorney Richard Guerriero, who handles DWIs in southwestern NH, we promise you the following:
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