Facing a DUI Charge in Portsmouth? Start with the Right Legal Strategy
If you’ve been charged with Driving Under the Influence (DUI) or Operating Under the Influence (OUI) in Portsmouth, New Hampshire, you may be feeling overwhelmed, confused, and unsure of what to do next. A DUI conviction can carry serious legal, financial, and personal consequences, including license suspension, fines, mandatory programs, and even jail time. That’s why it’s critical to understand your rights and have an experienced DUI defense attorney in Portsmouth by your side who can navigate the legal system and fight for the best outcome in your case.
At the Law Office of Matthew W. Peterson, we provide focused and personalized representation to people accused of DUI and related offenses. Our team includes former prosecutors who understand how the state builds its case and experienced trial attorneys who will work to challenge the evidence and protect your future.
Understanding DUI and OUI Laws in New Hampshire
Under RSA 265-A, New Hampshire law prohibits any person from operating a motor vehicle while under the influence of alcohol, controlled drugs, prescription medications, or any combination of those substances. The law sets the legal limit for blood alcohol concentration (BAC) at 0.08% for most drivers and 0.02% for drivers under the age of 21.
The law also applies to those who refuse to take a breathalyzer test or perform field sobriety tests, which can result in automatic license suspension under RSA 265-A:14.
Depending on the circumstances, DUI or OUI charges can range from a Class B misdemeanor for a first offense to a Class A misdemeanor or felony for repeat offenses or cases involving injuries or fatalities. One of the most serious offenses under this category is Manslaughter While Operating Under the Influence, as outlined in RSA 630:2, which can result in lengthy prison terms and permanent criminal records.
Common DUI-Related Offenses We Handle
The Law Office of Matthew W. Peterson assists clients in Portsmouth and nearby communities who are facing a wide range of alcohol- and drug-related driving offenses, including:
- Drunk Driving (RSA 265-A:2)
Being impaired while operating a vehicle is a primary DUI offense in New Hampshire. - OUI Penalties
Penalties include license suspension, fines, mandatory treatment programs, ignition interlock devices, and, in some cases, jail time. - Drunk Driving Breathalyzer Tests
Refusing a test can result in administrative penalties, but the test results themselves can also be challenged in court for accuracy and admissibility. - Field Sobriety Tests
These roadside tests are not always reliable and can be affected by physical conditions, stress, or poor instructions. We know how to scrutinize these results. - Manslaughter While Operating Under the Influence (RSA 630:2)
If a DUI incident results in death, the charges can escalate to manslaughter—a Class A felony with potential imprisonment of 7½ to 15 years.
What to Expect After a DUI Arrest in Portsmouth
After a DUI arrest in New Hampshire, you may face both criminal proceedings and administrative license suspension. The state may try to suspend your license even before your case is resolved in court. In most cases, you have a limited time to request a hearing to challenge the suspension.
In the criminal court process, the state will present evidence, including breathalyzer results, officer testimony, and field sobriety test performance. That’s where an experienced Portsmouth criminal defense attorney makes a significant difference. We will review the legality of the traffic stop, analyze the test procedures, and seek to exclude improperly obtained evidence.
Every case is different, and outcomes depend on the facts and how the law applies to them. We build each defense based on a clear understanding of your rights and the law as stated in the New Hampshire Revised Statutes.
Why Choose the Law Office of Matthew W. Peterson
Choosing the right legal team is one of the most important decisions you’ll make. Our office is committed to aggressive, strategic, and responsive legal representation. We take each case seriously and work tirelessly to get you the best possible result—whether that means negotiating a favorable plea, pushing for dismissal, or fighting the charges at trial.
We’re not here to make empty promises. We’re here to give you real answers, practical guidance, and dedicated legal defense.
Contact us now to set up a strategy session. We’ll listen, assess your case, and help you understand your options.
The Legal Help You Need When It Matters Most
DUI charges can have a lasting impact on your life, but they don’t have to define your future. At the Law Office of Matthew W. Peterson, we stand with clients in Portsmouth, New Hampshire, offering experienced, aggressive, and personalized legal representation.
If you’ve been arrested for DUI, Drunk Driving, OUI, or related charges, don’t wait. Contact us now to set up a strategy session and take the first step toward protecting your future.
Frequently Asked Questions
What are the penalties for a first-time DUI in New Hampshire?
A first-time DUI in New Hampshire is typically a Class B misdemeanor. Penalties include a fine of at least $500, mandatory substance use disorder evaluation, and license suspension for 9 months to 2 years. Jail time is not usually imposed unless aggravating factors are present.
Can I refuse a breathalyzer test in Portsmouth, NH?
Yes, but refusal comes with automatic administrative penalties under RSA 265-A:14, including license suspension. The refusal may also be used as evidence in court. However, these tests are not always reliable and can be challenged.
What is the difference between DUI and OUI in New Hampshire?
In New Hampshire, DUI (Driving Under the Influence) and OUI (Operating Under the Influence) are often used interchangeably. The official statute refers to “Driving or Operating Under the Influence” under RSA 265-A:2, covering impairment by alcohol, drugs, or both.
How do field sobriety tests affect my DUI case?
Field sobriety tests can be used as evidence, but they are not foolproof. Many factors, including medical conditions or poor instructions, can lead to false positives. An experienced DUI defense attorney can challenge these tests in court.
What should I do immediately after being arrested for DUI in Portsmouth?
Remain calm, avoid making statements to police without legal counsel, and contact a qualified criminal defense attorney as soon as possible. Early legal advice can help protect your rights and may influence the outcome of your case.