This section contains a brief overview of the criminal court process that typically occurs in a New Hampshire DWI case. For more information on the civil administrative process, click on the New Hampshire Driving tab.

ARRAIGNMENT

The first court appearance following an arrest for DWI in New Hampshire is called an arraignment. At this hearing, the offender will appear before a judge who will formally read the charges that have been filed. The offender will be asked to enter a plea. If a plea of guilty is entered, it will be placed on the record and a sentence will be imposed. If a plea of not guilty is entered, the case will proceed to trial.

PRETRIAL HEARING/CONFERENCE

The next court appearance following the arraignment is a pretrial hearing. The purpose of the pretrial hearing is to update the judge on the progression of your case. Problems with discovery and issues with scheduling may be addressed. A pretrial conference may occur in which the defense attorney will meet with the prosecutor to attempt to negotiate a plea. If a plea agreement is reached, it will be presented to the judge and formally entered onto the record. If no plea agreement is obtained, then the case will proceed to trial.

PRETRIAL MOTION HEARINGS

Defense attorneys wishing to file motions to exclude certain evidence will file a motion with the court. A hearing will be held during which testimony may be heard and evidence presented. The most common motion in New Hampshire DWI cases is a motion to suppress chemical test results. If successful, the judge will grant the motion and the evidence will not be admissible at the defendant's trial.

TRIAL

In New Hampshire, there is no right to a jury trial for a first offense DWI. Instead, a bench trial will be held. In a bench trial, a judge will preside over the case and resolve issues of law as well as issues of fact. Persons accused of aggravated DWI or a second or subsequent DWI offense do have a right to a jury trial. In a jury trial, the judge rules on issues of law and instructs a jury panel who will decide the issues of fact. Regardless of the type of trial that occurs, upon a guilty verdict the DWI offender will proceed to the sentencing process. If a not guilty verdict is returned, the case and all charges will be dismissed.

APPEAL

Following a guilty verdict in an New Hampshire DWI trial, the defendant will have an opportunity to apply to higher courts for review. A written request for an appeal must be made timely however, or the right to review will be considered "waived."