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Implied Consent

Are you confused by the term “implied consent?”

In New Hampshire, the meaning is quite simple. It means that in order to receive your driver’s license, you must agree with a law enforcement officer’s request to submit to a blood, breath or urine test if you are stopped on suspicion of driving while under the influence of drugs and/or alcohol.

Keep this in mind. Having a driver’s license means you have already given your consent to submit to these tests.

If you are facing an Implied Consent violation, you’ll need to talk to DWI/DUI lawyer Michael Anzalone in Nashua, New Hampshire. He can advise you on how to proceed as your case goes before a judge. One thing you’ll want to remember, it’s never advisable to go to court without an experienced attorney by your side.

At The Anzalone Law Firm, we have your best interests as our number one priority.

What are the Penalties for Implied Consent Violations?

The state’s statutes are clear on implied consent. A violation will cost you your driving privileges for 180 days. That means a suspended driver’s license. This is for simply refusing to take a preliminary breath test if you’ve been stopped by a law enforcement officer who believes that you’re under the influence of alcohol.

Keep this in mind: The state laws allow you to lose your driving privileges for up to two years for a second violation of New Hampshire’s Implied Consent law.

And, these driver’s license suspensions occur before you are convicted in court. How does this happen? When you refuse a breath test at the scene of your traffic stop, the police officer will take your driver’s license from you and give you a pink colored form that will serve as a temporary driver’s permit. You will also receive this explanation: Your driving privileges will be suspended 30 days after your arrest unless you request a hearing with the New Hampshire Department of Safety.

This is why you’ll want to have a DWI/DUI lawyer who is experienced in the state’s driving laws to handle your case.

Michael Anzalone and his legal team will fill out the lengthy forms required to get your case to a hearing. If you are not successful in getting your driver’s license back, your lawyer can appeal the decision.

Another thing to remember about implied consent is this. The right to refuse a blood, breath or urine test depends on what you’ve been arrested for. If, for example, you have been involved in a serious crash involving impaired driving, the test is mandatory. A police officer can force you to take it and a blood test will probably be done at a hospital.

But it’s difficult for someone who is not familiar with the laws to know when you can refuse a test or when it’s advisable not to.

If you have any questions about implied consent, please contact Michael Anzalone at The Anzalone Law firm. You can fill out our online form and we’ll get in touch with you for a free consultation.

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