DOVER DISTRICT COURT (July, 2023).

Our client was very happy that his DWI charge and 6-month administrative license suspension (ALS) were dismissed while he pled guilty to violation reckless driving. Reckless driving is not a crime in New Hampshire, it is a civil violation while even a 1st DWI is a class B misdemeanor.

Importantly, any suspension imposed by the Court on a ALS triggered by a breathalyzer refusal will run consecutively to the ALS. Contrarily, an ALS triggered by a test over the .08 limit will run concurrently with any suspension imposed by the court. This occurs even when the DWI charge ends up dismissed in court if the accused pleads to any other offense that includes a court-ordered loss of license. In New Hampshire, the minimum mandatory penalty by law for reckless driving first offense is a 60 day loss of license and a $500 fine.