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Can you drive while your New Hampshire DWI case is still pending?

On Behalf of | Jun 19, 2026 | Drunk Driving Defense

After a driving while intoxicated (DWI) arrest, one urgent question may be whether you can still drive to work, court or family responsibilities. The answer depends on the notice you received, your hearing deadline and whether you still have valid driving privileges.

How the temporary license period works

The officer or Division of Motor Vehicles (DMV) may issue an administrative license suspension (ALS) notice if you refuse testing or have a breath or blood test result of 0.08 or higher, with a lower 0.02 limit for drivers under 21. If your New Hampshire license is valid, you may receive a permit that lets you drive during the 30-day notice period.

Why the hearing deadline matters

To challenge the DMV action, you may use the DMV’s form to request an ALS hearing. The state generally must receive the request within 30 days of the date you received the notice. Filing does not automatically pause suspension, so do not assume a hearing request alone keeps your license valid.

The length of your suspension depends on your record and what happened during the stop. For a first test refusal, the administrative suspension is exactly 180 days. A first test failure carries a statutory administrative suspension of six months. Longer suspensions may apply if you have a prior refusal, DWI conviction or administrative suspension.

How a DWI conviction can affect your license

Even if you avoid or finish the DMV process, a DWI conviction can still affect your right to drive. The court may also require education, insurance steps or an ignition interlock device (IID), which tests your breath before the car starts.

In New Hampshire, you cannot get a limited or “Cinderella” license while only the administrative suspension is in effect. If you are later convicted of a first DWI, you generally must wait at least 45 days, install an IID if required and ask the court for permission before driving for limited reasons.

Know your status before driving

Before getting behind the wheel after an arrest, check the dates on your notice, save every document and confirm your status with the DMV. A pending DWI case is stressful enough without the legal complications of driving with a suspended license. Tracking each deadline can help you protect your daily routine while the case continues.

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