Arrested for DUI in Hampton? Learn Your Rights and Legal Options
If you’ve been charged with DUI in Hampton, New Hampshire, you are likely overwhelmed, confused, and concerned about what comes next. At the Law Office of Matthew W. Peterson, we understand what’s at stake—your license, your record, your freedom—and we’re here to help you navigate the process. Our firm is made up of aggressive DUI defense attorney in Hampton, including a former prosecutor, and we approach every DUI case with the experience, preparation, and tenacity required to protect your rights.
Whether you’re facing a first-time drunk driving offense or more serious charges like Manslaughter While Operating Under the Influence, we take your case seriously and personally. DUI laws in New Hampshire are complex, and penalties can be severe, but with the right legal strategy, there are often opportunities to challenge evidence or reduce consequences.
Understanding DUI and OUI Charges in New Hampshire
In New Hampshire, DUI is legally referred to as “OUI”—Operating Under the Influence. Under RSA 265-A:2, it is unlawful to operate a motor vehicle while under the influence of alcohol or any controlled drug that impairs your ability to drive. This applies even if your blood alcohol concentration (BAC) is below 0.08%. If there is evidence of impairment, you could be charged with an OUI despite a low BAC because OUI also covers driving under the influence of other medications, such as
prescription medications, over-the-counter drugs, or any combination that affects your ability to drive safely. Additionally, if you are under the age of 21, your BAC only needs to be 0.02% to be charged.
If convicted of OUI in Hampton, the consequences may include:
- Fines
- Mandatory license suspension
- Alcohol education programs
- Potential jail time
- Installation of an ignition interlock device
More severe penalties apply in cases involving aggravated DUI, underage DUI, or manslaughter while operating under the influence under RSA 630:2, which can result in lengthy prison sentences.
What to Expect After a DUI Arrest in Hampton
After a DUI arrest, you will likely be subject to field sobriety tests, breathalyzer tests, and formal charges. You’ll also face an administrative license suspension through the Department of Safety, separate from any criminal penalties.
Field sobriety tests, while often relied on by officers during roadside investigations, are not always accurate and can be challenged in court. Similarly, breathalyzer tests must be administered according to strict procedures to be valid. At the Law Office of Matthew W. Peterson, we analyze every step of your arrest to determine whether your rights were violated or whether errors were made that could lead to a dismissal or reduction in charges.
How We Approach DUI Defense
Our firm serves clients throughout Hampton and surrounding towns in New Hampshire. We bring a team-based approach to DUI defense, combining the trial skills of aggressive defense attorneys with the insight of a former prosecutor. This means we not only build strong defenses—we also anticipate how the other side will argue the case.
Key strategies in DUI defense may include:
- Challenging the legality of the traffic stop
- Questioning the reliability of field sobriety or breathalyzer test results
- Identifying procedural mistakes by law enforcement
- Advocating for lesser penalties or alternative sentencing
Every DUI case is different, and our strategy is no exception. We don’t use cookie-cutter defenses—we tailor each strategy based on the facts, the applicable law, and your goals.
DUI Charges We Handle in Hampton, NH
We provide legal representation for a wide range of OUI-related charges, including:
- First-time OUI offenses
- Repeat DUI offenses
- Refusal of breathalyzer tests
- Underage DUI charges
- Aggravated DUI and felony-level offenses
- Manslaughter While Operating Under the Influence (RSA 630:2)
- License suspension appeals
We also represent clients facing license issues through the Division of Motor Vehicles and those needing to petition for hardship or ignition interlock device licenses.
Why Choose the Law Office of Matthew W. Peterson?
When your future is on the line, experience matters. Our firm is known for aggressive criminal defense in Hampton and across New Hampshire. Whether you’re dealing with DUI, Drunk Driving, or more serious OUI penalties, we take your case seriously and fight to protect your rights every step of the way.
We don’t promise quick fixes or guarantee results, but we do promise to work relentlessly on your behalf. We’re not here to scare you—we’re here to give you honest guidance, clear answers, and a path forward.
Contact us now to set up a strategy session. Let’s talk about your case and how we can help.
Serving Hampton and Nearby Areas
Our office is proud to serve clients throughout Hampton, New Hampshire, and surrounding communities. If you or someone you care about is facing a DUI or OUI charge, don’t wait. Legal deadlines come quickly, and your rights need to be protected from the start.
At the Law Office of Matthew W. Peterson, we believe every person deserves a strong defense. You don’t have to face the legal system alone.
Contact us now to schedule a strategy session. We’re ready to stand with you.
Frequently Asked Questions
What happens if I refuse a breathalyzer test in New Hampshire?
Refusing a breathalyzer test can lead to an automatic license suspension under New Hampshire’s implied consent law, even if you are not convicted of DUI. However, the refusal itself may be challenged in court depending on how the request was made and whether proper procedures were followed.
Can I get a DUI in New Hampshire if I’m taking prescription medication?
Yes. If the medication impairs your ability to drive safely, you can be charged with OUI—even if you have a valid prescription. These cases often rely on officer observations and can be defended with proper medical and legal analysis.
What is the difference between DUI and OUI in New Hampshire?
In New Hampshire, the terms are often used interchangeably. Legally, the charge is “Operating Under the Influence” (OUI), but many still refer to it as DUI or DWI. Regardless of the label, the legal consequences are the same.
Will I lose my license after a DUI arrest in Hampton?
Possibly. A DUI arrest may lead to both criminal and administrative license suspensions. You may request a hearing to challenge the suspension, but deadlines are strict. It’s important to speak with an attorney as soon as possible.
Is jail time mandatory for a first DUI offense in New Hampshire?
Not always. While jail is possible for a first offense, many cases result in fines, license suspension, and mandatory substance abuse programs. Aggravating factors like high BAC or having minors in the vehicle may increase penalties.