Howie Law Office, PLLCAttorney Salem New Hampshire | Howie Law Office, PLLC2026-06-19T15:47:46Zhttps://www.howielegal.com/feed/atom/WordPressOn Behalf of Howie Law Office, PLLC<![CDATA[Can you drive while your New Hampshire DWI case is still pending?]]>https://www.howielegal.com/?p=485142026-06-19T15:47:46Z2026-06-19T14:00:07ZHow 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.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can a DWI affect scholarships or college financial aid?]]>https://www.howielegal.com/?p=485112026-06-15T15:11:40Z2026-06-15T15:11:40ZWhat can be expected legally?
Even college students are not exempt from the severe DWI penalties in New Hampshire. For college students, a first-offense DWI might result in fines, a license revocation period and other penalties depending on the circumstances of the offense. A DWI charge could have more severe impacts on a minor’s driving privileges, insurance rates and record.
Merit and institutional awards: Some colleges or universities might review scholarship eligibility after a criminal conviction, depending on their policies.
Private scholarships: Organizations, foundations and private donors who fund scholarships could revoke scholarships if the recipient is convicted of a crime like DWI.
Athletic scholarships: A DWI doesn’t automatically jeopardize NCAA(National Collegiate Athletic Association) eligibility. However, it could lead to disciplinary action, suspension or possible scholarship consequences depending on college policies and circumstances of offense.
Colleges could even impose disciplinary actions such as suspension or expulsion, based on the seriousness of the charge. A criminal record would also make it difficult to secure professional licenses, internships and security clearances in the future.
Protecting your educational future
A DWI is not a charge to be taken lightly, particularly for a college student who is preparing to enter the professional workforce. If you are charged with a DWI, it is a legal crisis that needs immediate defense. Acting quickly and seeking the guidance of a qualified legal professional promptly could help you make better decisions and protect your rights.]]>On Behalf of Howie Law Office, PLLC<![CDATA[4 ways how SLATs can protect your estate from heavy tax burdens]]>https://www.howielegal.com/?p=485062026-06-04T18:15:58Z2026-06-04T18:15:58ZEstate planning is not just about deciding who gets what when you pass away. With the right tools, you can also safeguard your family's wealth against substantial tax liabilities long before that day comes.
As a New Hampshire head of household, you have powerful options available to you. One of the most effective is a trust structure known as the spousal lifetime access trust, commonly referred to as a SLAT.
What is a spousal lifetime access trust?
A spousal lifetime access trust is a permanent, legally binding trust that one married partner sets up to provide financial protection to the other. The spouse who funds the trust transfers assets into it, which legally excludes those assets from their taxable estate. In fact, setting one up correctly as part of a well-rounded estate plan can make a meaningful difference in how much wealth you ultimately pass on to your family.
Four ways a SLAT reduces your estate’s tax burden
Now that you understand what a SLAT is, it helps to see exactly how it works in your favor. Once you establish a SLAT, it can mitigate your estate's tax burden in four meaningful ways, such as:
Removes assets from your taxable estate: When you transfer assets into the trust, they legally leave your estate and no longer count toward your estate tax liability at death.
Shields future growth: Any appreciation of the trust's assets escapes estate taxes, so the more your investments grow, the more your family benefits.
Provides a double estate exclusion: The trust assets remain outside both spouses' taxable estates, shielding them from taxes regardless of who passes away last.
Shifts income tax responsibilities: SLATs typically function as grantor trusts, meaning you pay the income taxes on trust earnings, which allows the trust to grow tax-free while further reducing your taxable estate.
Together, these four advantages make SLATs a compelling instrument for long-term tax savings. Thus, understanding how these benefits work is the first step toward building a stronger financial future for your family.
Preserve your wealth for the people who matter most
Your family's financial future deserves thoughtful and strategic planning. SLATs are just one of many instruments that, when you use them correctly, can help you preserve more of what you have diligently built. This is why dedicating time to understand your estate planning options today can make a lasting impact for the generations that follow.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can you leave funeral wishes in your estate plan?]]>https://www.howielegal.com/?p=485042026-05-29T09:57:25Z2026-05-29T09:57:25ZNaming someone to handle your arrangements
Under New Hampshire law, you can name someone to have custody and control of your remains after death using a written document. However, you and either two witnesses or a notary public must sign the document for it to be legally valid. The chosen agent may work with the funeral home and carry out the final arrangements.
Without a named agent, that authority generally passes to the next of kin. That arrangement may be enough for some households, but problems may arise when relatives disagree, live far away or do not know your preferences.
Putting your wishes in writing
An estate plan may include directions for burial, cremation or memorial preferences. Be careful about leaving these wishes only in your will. A will may not be located or reviewed until after the funeral has already happened. A separate appointment form, stored where the chosen agent can find it quickly, is often more useful when loved ones must act right away.
These instructions may cover details such as:
Burial or cremation preference
A cemetery plot or final resting place
Religious, cultural or personal service preferences
Music, readings or other memorial details
Any prepaid arrangement details
New Hampshire law mandates that the person with custody and control must follow your valid written instructions, and they are legally bound to do so if the arrangements have been funded.
Helping your family avoid uncertainty
Funeral decisions often come during an emotional and stressful time. Clear planning gives loved ones a better path forward.
You should also tell your chosen person where to find the document. If your wishes are locked away, buried in a will or unknown to the person making decisions, they may not help when your family needs them most.
Taking this step makes those preferences clear and gives family members one less burden during a difficult time.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Why your New Hampshire parenting plan dictates summer travel]]>https://www.howielegal.com/?p=485012026-05-26T22:04:04Z2026-05-26T22:04:04ZReviewing the terms of your court order
The first step is reading the specific travel provisions in your final custody documents. Many standard New Hampshire parenting plans include rules for out-of-state trips during school breaks. These orders require one parent to give the other parent advance written notice before leaving the state.
Your court order will likely outline three main conditions for travel:
Notice periods: How much advance warning you must give the other parent
Itinerary sharing: What travel details you need to provide, such as flight numbers and hotel addresses
Written consent: Whether you need the other parent's formal agreement before crossing state lines
Knowing these rules helps prevent conflict when the other parent challenges the trip.
Handling objections from a co-parent
A co-parent might push back against your travel plans even if you follow the notice rules. If your parenting plan explicitly allows the trip and you provided the required itinerary, the other parent cannot stop the vacation without a valid legal reason. They would need to file a motion and prove the trip harms the child.
However, if your current order says nothing about out-of-state travel, taking the child across state lines without the other parent's agreement risks violating the custody arrangement. Clarifying these rules well ahead of departure keeps a simple vacation from turning into a court dispute.
Securing your summer schedule early
Waiting until June to address out-of-state travel creates unnecessary stress for everyone involved. Parents should review their custody documents months before booking flights or paying for hotels. If the current court order lacks clear travel rules or a co-parent refuses to cooperate, consulting with a family law attorney can help clarify your options.
Updating your custody agreement well before summer starts gives families a clear set of expectations. A proactive approach protects your time with your child and keeps the focus on enjoying the break.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Why underage DWI charges are different in New Hampshire]]>https://www.howielegal.com/?p=484992026-06-19T12:48:00Z2026-05-07T08:40:13ZHow the lower alcohol limit works
For drivers 21 and older, New Hampshire generally sets the alcohol concentration limit at 0.08. If you are younger than 21, that limit drops to 0.02 under RSA 265-A:2.
If you operated or attempted to operate a vehicle with an alcohol concentration of 0.02 or more, you may face a DWI charge. The law can also apply if alcohol, drugs or a combination of substances impaired your ability to drive.
What penalties could you face?
The penalties depend on the facts of your case, your record and whether any aggravating factors apply. These may include issues such as excessive speed, a crash, a very high alcohol concentration or other facts that make the charge more serious. For a first underage DWI conviction, possible consequences may include:
Completion of an approved impaired driver education program
Possible ignition interlock requirements
A conviction may also appear on background checks or affect insurance costs.
Why the license process matters
A DWI case can involve both the criminal court and an administrative license process. These are separate, which means your license may be at risk even while the court case is still pending.
If you receive an administrative license suspension notice, you generally have 30 days to request a Bureau of Hearings review or hearing. A late request may be denied as untimely, so it is important to read the notice carefully and track the deadline.
If you refuse a breath or blood test after an arrest, New Hampshire’s implied consent law can trigger an administrative license suspension. Keeping track of notices, deadlines and court requirements can help you avoid additional problems.
Taking the charge seriously
An underage DWI charge in New Hampshire carries serious, long-term consequences. To protect your future and navigate the complexities of the administrative and criminal systems, consider speaking with a legal professional who can explain your options.]]>On Behalf of Howie Law Office, PLLC<![CDATA[Can a criminal charge be annulled in New Hampshire?]]>https://www.howielegal.com/?p=484982026-04-30T09:54:43Z2026-04-30T09:54:43ZApplying for a job or renting an apartment can feel like an uphill battle when a past mistake follows you. Each background check becomes a moment of uncertainty, wondering if a single event from years ago will once again stand in your way.
If you have a prior DUI or a minor drug offense, you likely want to move on and leave that part of your life behind. In New Hampshire, there is a legal path that may help you do just that.
Understanding annulment in New Hampshire
In New Hampshire, the process often called "expungement" is officially known as annulment. Once granted, your record is sealed from public view, legally allowing you to state on most employment and housing applications that the arrest or conviction never occurred. These records are not destroyed and remain accessible to law enforcement and the courts for limited purposes. However, annulment serves as a vital tool for rehabilitation, removing the public burden of a permanent criminal history.
Reviewing eligibility and waiting periods
Your eligibility depends on the offense type and when you received an unconditional discharge from your entire sentence, including all fines, probation and court-ordered programs.
Violations: 1 year (some post-2019 violations are automatic)
Class B misdemeanors: 2 years (10 years if involving domestic violence)
Class A misdemeanors: 3 years (10 years if involving domestic violence)
DWI offenses: 10 years from the date of conviction
Meeting these timeframes is the first step; a judge must ultimately determine that the annulment is consistent with the public welfare.
Navigating the court petition and filing steps
To begin, obtain your Criminal History Record Information (CHRI) from the state police and file a petition in the court of conviction. Total administrative fees are $325, plus applicable electronic filing surcharges. Once filed, the prosecutor has 20 days to object before the Department of Corrections completes a 60-day investigation.
Reclaiming your future with a clean slate
When the court grants your petition, the state and FBI update their records to reflect the change. While the process requires patience and attention to detail, the result is a clean slate that allows you to apply for opportunities with a renewed sense of security. Taking this step is a way to ensure that a past mistake does not define where you can go from here.
]]>On Behalf of Howie Law Office, PLLC<![CDATA[The legal consequences of a DWI charge in New Hampshire]]>https://www.howielegal.com/?p=484972026-04-14T14:22:21Z2026-04-14T14:22:21ZA driving while impaired (DWI) charge in New Hampshire carries immediate and long-term consequences that disrupt your life, career and reputation. The state enforces strict drunk driving laws, and the legal process begins the moment a law enforcement officer pulls you over.
You face a variety of penalties that extend far beyond a simple traffic ticket, affecting your freedom and your ability to drive. Understanding these legal outcomes is crucial if you want to address the charges correctly.
What are the legal consequences of drunk driving?
The penalties for impaired driving vary depending on the severity of the incident and your prior driving history. Prosecutors seek different levels of punishment depending on whether the incident involved property damage, injury or loss of life. The following list outlines the primary legal ramifications you may encounter throughout the legal process.
DUI/DWI charges: A conviction means license suspension ranging from nine months to two years. You will also face hefty fines and potential jail time. For an aggravated DWI, which involves a high blood alcohol concentration or speeding, the court imposes mandatory minimum jail sentences.
Vehicular manslaughter charges: If a person dies as a result of impaired driving, the state elevates the charge to a felony.
Ignition interlock devices (IIDs): The court often requires the installation of an IID in your vehicle at your own expense. This device measures your breath for alcohol before the engine starts.
Beyond the courtroom, a conviction triggers secondary consequences that last for years. You will likely see much higher insurance rates as providers label you a high-risk driver. A criminal record creates a lasting career impact, as many employers refuse to hire individuals with recent alcohol-related convictions.
Understand the importance of a strong defense
A DWI charge threatens your freedom and your livelihood, making a strong defense strategy essential for protecting your future. By thoroughly examining every piece of evidence held by the state, you ensure that the court hears your side of the story and respects your rights as a defendant.]]>On Behalf of Howie Law Office, PLLC<![CDATA[First-time drug possession in New Hampshire]]>https://www.howielegal.com/?p=484952026-04-01T15:02:09Z2026-04-01T15:02:09ZHow New Hampshire handles drug possession
Drug possession charges in New Hampshire depend on the substance, the amount involved and the facts of the case. Under state law, unauthorized possession of most controlled drugs in Schedules I through IV is statutorily classified as a class B felony, even for a first offense under
New Hampshire law treats marijuana differently. Possession of 3/4 ounce or less is classified as a civil violation for a first offense, while larger amounts can lead to misdemeanor or felony charges. The law also classifies possession of a residual amount of a controlled drug (defined as less than one gram) as a misdemeanor.
What penalties could you face?
The consequences of a drug possession charge depend on how it is classified. Felony and class A misdemeanor convictions can include incarceration, probation, fines or a combination of these penalties.
The court cannot impose jail time or probation for a class B misdemeanor, though fines and other consequences may still apply.
Even without jail time, a conviction can follow you for years. Criminal records may appear on background checks and affect employment, housing and professional opportunities.
The New Hampshire State Police confirms that agencies regularly use criminal records in these types of screenings. Some individuals may qualify for treatment court programs, which combine supervision with substance use treatment.
Are there ways to move forward?
In some situations, a person may later qualify to seek an annulment of their record. New Hampshire law allows courts to annul certain arrests and convictions if a person meets the legal requirements and the court finds that annulment supports rehabilitation and is consistent with public welfare.
Most first-time drug possession convictions qualify for annulment after a waiting period of only two years, provided you meet all sentencing terms.
Eligibility depends on the type of offense, the amount of time that has passed and the person’s overall record.
Take the situation seriously, but do not panic
A first-time drug possession charge is serious, but it does not automatically define your future. The outcome depends on the details of the case and the steps taken early on. Understanding your options and getting legal guidance can make a meaningful difference in how your case turns out.]]>On Behalf of Howie Law Office, PLLC<![CDATA[What happens if you die without a will?]]>https://www.howielegal.com/?p=484942026-04-01T09:57:24Z2026-04-01T09:48:54ZHow the state distributes your assets
When there is no will to guide the process, state intestacy laws take over. These laws typically prioritize your closest relatives, starting with your spouse and children. If you do not have a spouse or kids, the state looks to your parents, siblings and even more distant relatives.
This might seem reasonable on the surface, but consider this: What if you have separated from your spouse but have not finalized your divorce yet? What if you have strained relationships with your children? What if you wanted to leave something to a close friend or charity? Without a will, the state will not take these personal circumstances into account. The law follows a rigid formula that may not reflect your actual wishes.
Why leaving things to chance is risky
You might also be wondering what happens if the state cannot locate any eligible family members. In this scenario, your entire estate could become property of the state itself. Everything you worked for throughout your life would go to the government rather than to causes or people you cared about.
Beyond distribution issues, dying without a will can create unnecessary stress for your family during an already challenging time. They may face lengthy court proceedings, family disputes and confusion about your intentions.
Taking control of your legacy
Creating a will gives you the power to decide who receives your assets and their distribution. It is worth considering estate planning to protect both yourself and your loved ones. By taking this step, you ensure that your wishes are honored and your legacy reflects what truly matters to you.]]>