Manchester NH DWI Lawyer | Joseph K. Levasseur

Not a Bot!™ When you call, Attorney Joseph Kelly Levasseur answers his own phone. Calls to the office ring through to his cell. No call center, no chatbot. Tap to call 603-622-7575.

Free consultation.

A DWI arrest in Manchester starts two cases at once: a criminal charge in court and a license suspension through the Division of Motor Vehicles. Each has its own rules and deadlines, and the license deadline comes fast. Attorney Levasseur has practiced law in New Hampshire for 24 years, and his office is right here in Manchester at 396 S Willow St. He defends drivers charged in Manchester and all across New Hampshire, including out-of-state drivers arrested here. Learn more on our DWI/DUI defense practice page.

The 30-Day Deadline: Administrative License Suspension (ALS)

If you refused a breath or blood test, or a test showed 0.08 or more (0.02 or more if you are under 21), the officer files a sworn report and you are served with a notice of suspension. Under RSA 265-A:30, the suspension takes effect 30 days after service, and a New Hampshire driver gets a temporary license for that notice period. For a test result of 0.08 or more, the ALS is 6 months with no prior DWI, refusal, or ALS, and 2 years with one.

You can challenge the suspension by requesting an administrative review or a hearing in writing. Under RSA 265-A:31, a request received by DMV more than 30 days after the notice is issued is denied as untimely. At a hearing you can ask that the arresting officer be present, and the hearing is limited to issues such as whether the officer had reasonable grounds, whether you were arrested, and whether you were told your rights about testing. Call as soon as you can so this deadline does not pass.

Breath or Blood Test Refusal

Refusing a test leads to a separate license suspension under RSA 265-A:14:

Through December 31, 2026: 180 days for a first refusal with no prior DWI; 2 years with a prior DWI conviction or prior refusal.
Starting January 1, 2027: 9 months for a first refusal; 3 years with a prior conviction or prior refusal.

For more, read Should You Blow? NH's DWI Test Refusal Rules.

First Offense DWI

Under RSA 265-A:18, a first offense DWI is a class B misdemeanor with these penalties:

A fine of at least $500
License revocation of at least 9 months, which the court may extend up to 2 years. The court may suspend up to 6 months of it if you complete the required screening, evaluation, and impaired driver education program on time
An alcohol and drug screening within 14 days of conviction, and further evaluation and treatment if recommended
An approved impaired driver education program and an online victim impact panel

After at least one year, either side may ask the court to reduce the conviction to a violation.

Aggravated DWI

Under RSA 265-A:3, DWI becomes aggravated if, for example, you had an alcohol concentration of 0.16 or more, drove more than 30 mph over the limit, caused a crash with serious bodily injury, tried to elude police, or had a passenger under 16. Aggravated DWI is a class A misdemeanor. For a first offense, penalties include a fine of at least $750, a 17-day jail sentence with 12 days suspended (5 days served), an ignition interlock, and license revocation of at least 18 months.

Second and Subsequent Offenses

A prior DWI conviction within 10 years sharply raises the penalties. For a second offense, the license revocation is at least 3 years. If the prior conviction was within 2 years, the sentence is at least 60 days with 30 suspended. If it was 2 to 10 years before, the sentence is at least 17 days with 12 suspended. A third or later offense carries even longer jail time and license loss.

Limited (Hardship) License

After a first offense DWI conviction (not in a commercial vehicle), you may be able to petition the court for a limited driving privilege under RSA 263:57-b. You must show a need to drive for work, a job search, treatment, regular medical care, school, or job training, and provide proof of insurance. The limited license cannot start until you have been suspended for at least 45 days. It only allows driving at set times and places, in a vehicle with an ignition interlock, and the interlock stays on for one year after your license is fully restored.

What the State Must Prove

To convict you of DWI under RSA 265-A:2, the State must prove beyond a reasonable doubt that you drove or attempted to drive a vehicle on a way and that you were either under the influence of alcohol or drugs that impaired your ability to drive, or had an alcohol concentration of 0.08 or more (0.02 if under 21). Every part of that is open to question: the reason for the stop, the field sobriety tests, the arrest, and how the breath or blood test was given. Read What the State Must Prove for DWI in New Hampshire.

Why Call a Lawyer Right Away

You talk to the lawyer. Attorney Levasseur answers his own phone and handles your case himself.
Deadlines. The 30-day ALS request window is short.
Your statements matter. You have the right to stay silent. See Should You Talk to Police in NH?
Local knowledge. He knows Manchester police procedures and the local courts.

Arrested in New Hampshire but Live Out of State?

Many people arrested for DWI in New Hampshire live in Massachusetts or another state. Your case is still handled in the New Hampshire court where the charge was filed, and New Hampshire DWI law applies. Your license is your home state's, but New Hampshire can still suspend your right to drive here.

Hiring a New Hampshire lawyer can cut down on trips. In many cases your lawyer can enter a not guilty plea and waive the arraignment for you by filing a form with the court, so you may not need to attend that first hearing. Some later hearings, such as a trial or a plea, may still need you there. Attorney Levasseur will tell you which dates need you in person.

Your home state license. New Hampshire and Massachusetts both belong to the Driver License Compact (RSA 263:77). Under the Compact, a DWI conviction in New Hampshire is reported to your home state, which treats it as if the offense happened there. That can affect your home state license. Talk with a lawyer about this before you decide how to handle your case.

New Hampshire Areas Served

Attorney Levasseur defends DWI charges in Manchester and throughout New Hampshire, including Nashua, Salem, Derry, Londonderry, Merrimack, Concord, Portsmouth and Hampton on the Seacoast, Keene, Laconia, Plymouth, Conway and North Conway, Lebanon, and Littleton.

Manchester DWI FAQs

How long do I have to challenge my license suspension?

DMV must receive your written request for a review or hearing within 30 days from the date the notice is issued (RSA 265-A:31). Late requests are denied.

What happens if I refused the breath test?

Through December 31, 2026, a first refusal means a 180-day suspension, or 2 years with a prior. Starting January 1, 2027, it is 9 months, or 3 years with a prior (RSA 265-A:14).

Can I get a hardship license after a first offense DWI?

Possibly. Under RSA 263:57-b you may petition for a limited license for work, school, treatment, or medical needs after at least 45 days of suspension, using a vehicle with an ignition interlock.

What makes a DWI "aggravated"?

Examples include an alcohol concentration of 0.16 or more, driving more than 30 mph over the limit, causing a crash with serious bodily injury, trying to elude police, or carrying a passenger under 16 (RSA 265-A:3).

I live in Massachusetts (or another state). Do I have to keep coming back to New Hampshire?

Not always. Your case stays in the New Hampshire court where you were charged, but your lawyer can often enter a not guilty plea and waive arraignment for you, and handle much of the case without you there. Some hearings may still need you in person. A New Hampshire DWI conviction is also reported to your home state under the Driver License Compact and may affect your license there.

How much does a consultation cost?

The first consultation is free. Fees for handling your case are explained in a written fee agreement you will review before deciding anything.

Will I actually talk to the lawyer when I call?

Yes. That is what Not a Bot!™ means. Attorney Levasseur answers his own phone, and office calls ring through to his cell. If he is in court or with a client, leave a message and he will call you back.

Talk to a Manchester DWI Lawyer Today

If you were arrested for DWI in Manchester, anywhere else in New Hampshire, or in NH while visiting from out of state, call Attorney Joseph Kelly Levasseur at 603-622-7575 or visit our contact page. Office: 396 S Willow St, Manchester, NH.