Fricano&Weber P.L.L.C. successfully provides personalized representaion.
First-Offense DWI Defense in Nashua
Former Prosecutors Review the Stop, Testing, & Evidence
A first DWI arrest can trigger a criminal case and separate action affecting your license or privilege to drive. Although the charge is often called a DUI, New Hampshire law uses the term DWI. An arrest doesn’t establish that the state can prove every element of the charge.
Key evidence may include the reason for the traffic stop, officer observations, field sobriety tests, chemical tests, statements, recordings, and charging documents. An early review can identify which issues require immediate attention while the evidence is being gathered.
Call (603) 823-3314 to discuss your first DWI arrest, driving status, and next legal steps with our attorneys.
Defense Insight Shaped by Nashua Law Enforcement & Prosecution
We bring more than 10 years of former prosecution experience and over 15 years representing clients in Nashua and Southern New Hampshire. Attorney Joe Fricano previously served as a Nashua police officer, military police officer, and prosecutor. That background informs how we examine the investigation, the evidence collected, and the state’s theory of the case.
How We Evaluate a First DWI Charge
We don’t assume a particular defense applies before reviewing the facts. One question may be whether the officer had reasonable suspicion, an objective legal basis for making the traffic stop. Another may be whether the available evidence established probable cause for the arrest.
Depending on the evidence, our review may address:
- The stated reason for the traffic stop
- Officer reports, body-camera footage, cruiser video, and witness accounts
- The instructions and administration of field sobriety tests
- The timing and procedures used for chemical tests
- Statements made before and after the arrest
- Whether constitutional and statutory requirements were followed
We prepare criminal cases with a trial-ready level of detail, recognizing that motions, negotiations, or plea discussions may also shape the path forward. Throughout the process, you can communicate directly with our attorneys about the evidence and available options.
New Hampshire First-Offense DWI Penalties
Under RSA 265-A:18, a conviction for a standard first offense under RSA 265-A:2, I is a class B misdemeanor. Criminal sentencing, required programs, and driving-privilege consequences are distinct parts of the case. The law that applies should be confirmed based on the charge and circumstances.
A standard first-offense conviction currently includes:
- Minimum Fine: A fine of at least $500
- Care Management: Referral to an Impaired Driver Care Management Program, including first-time-offender screening within 14 days after conviction and further evaluation or services when indicated
- Driver Education: Completion of an approved impaired-driver education program before restoration of the license or privilege to drive
- License Revocation: A revocation of at least 9 months, subject to statutory provisions allowing the court to suspend part of that period when specified requirements are met
The consequences depend on factors such as the filed charge, test history, prior record, alleged aggravating facts, court decisions, and compliance with statutory requirements. Penalties for aggravated or subsequent DWI charges differ from those described here.
What Happens After a First DWI Charge
We begin by reviewing the pending complaint, release conditions, bail status when applicable, and your account of the events before and during the arrest. Rather than drawing conclusions from the citation alone, we can explain potential defenses and legal options based on the records available.
Documents and information that may assist the review include:
- The citation, complaint, release paperwork, and court notices
- Breath, blood, or other chemical-test documents
- Any notice concerning a suspension or driving privileges
- Photographs, videos, receipts, and witness information
- Relevant medical or prescription information
- A written timeline created while the events remain fresh
Depending on the posture of the case, proceedings may include arraignment, discovery, motions, negotiations, evidentiary hearings, or trial. Some decisions can’t be evaluated fully until reports, recordings, and test records have been obtained.
Criminal Charges & Administrative License Action
The criminal prosecution and an administrative license suspension aren’t the same proceeding. A test refusal or result may affect the license analysis while also becoming evidence in the criminal case. The outcome of one process doesn’t automatically decide the other.
Implied consent is the legal framework governing requested chemical tests and the consequences connected to a refusal or test result. Preserve every notice involving testing, suspension, release conditions, and court dates. Don’t assume that appearing in criminal court resolves a separate license matter.
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Legal Counsel Driven by Honesty
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Diligent & Aggressive Representation
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Close Attention to Detail on Every Case
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10 years of Experience as Prosecutors
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Practical Experience & A Unique Perspective as Former Prosecutors
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Always Prepared for Jury Trial
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (603) 823-3314.