30 Days to Save Your License: NH ALS Hearing Checklist by Kalie Lydon

To preserve your right to challenge an Administrative License Suspension after a New Hampshire DWI arrest, send a written request for either an administrative review or a hearing to the NH Department of Safety, Bureau of Hearings within 30 days of the date your suspension notice was served. Mail, fax, or email it, never by phone. Choose one proceeding, not both, and send a copy of your request to the arresting agency.


TL;DR:

  • Filing a proper request requires including the arrest date, grounds for review, and clear choice of proceeding, or it will likely be rejected.
  • The hearing must be scheduled within 20 days once a timely request is received, making early filing crucial for avoiding missed deadlines.
  • The hearing only addresses administrative questions such as reasonable grounds, arrest verification, or test validity, not the criminal guilt of DWI.
  • Missing the 30-day deadline or skipping the hearing without good cause results in automatic dismissal of the request and the suspension remaining in place.
  • Legal assistance is recommended to ensure all paperwork is correct, deadlines are met, and to evaluate appeal options after the hearing.

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Table of Contents

What to file and how to file it correctly

The Bureau of Hearings sits at 33 Hazen Drive, Concord. You can reach it by fax at 603-271-6653 or by email at safety-hearings@dos.nh.gov, and the Department confirms that telephone requests are never accepted. One detail catches people off guard: the date that counts is not when you send your request but when the Bureau opens it, so mailing something on day 29 is a real gamble.

Your written request needs specific content to be accepted the first time.

  1. State the arrest date and the date the suspension notice was served on you.
  2. Identify your grounds for review under RSA 265-A:31, sections II(a) through (f).
  3. Say clearly whether you want an administrative review or a hearing, since Saf-C 2804.01 does not allow both.
  4. Note whether you want the arresting officer, or the certifying scientist for a blood or urine test, to appear.
  5. Sign the request and include your contact information, then mail a copy directly to the arresting law enforcement agency.

Incomplete requests get returned for missing the statutory grounds or skipping the copy to the officer, a problem documented in the Bureau’s own request forms. If that happens close to your deadline, you may run out of time to refile.

Pro Tip: Send your request by certified mail or email with a read receipt, and keep a dated copy of everything you sent, including proof it reached the officer’s agency.

Illustration of submitting request and preserving receipt

What happens after you file: the 20-day scheduling window

Once the Bureau receives a properly filed request, Saf-C 2804.02 requires that your hearing be scheduled within 20 days, unless a continuance is requested by either side. That is a tight window, and it rewards people who file early rather than at the deadline.

  • The Bureau notifies you and the arresting agency of the scheduled date.
  • Requesting a hearing does not pause or stay your suspension while you wait.
  • An officer’s continuance request can, in narrow circumstances, lead to a temporary restoration of driving privileges.
  • After the hearing, the examiner issues a written recommendation that can be appealed.

Twenty days is the scheduling target the Bureau of Hearings follows once it has a valid, timely request in hand, which is exactly why the paperwork on the front end matters so much.

What the hearing actually decides

Many people assume the ALS hearing reopens the whole DWI case. It does not. Under RSA 265-A:31, the examiner can only look at a short list of administrative questions.

  • Whether the officer had reasonable grounds to believe you were driving under the influence.
  • Whether the facts actually support those reasonable grounds.
  • Whether you were arrested.
  • Whether you refused testing, or whether your test result met the qualifying BAC threshold.
  • Whether you were given the required notice of your right to a similar test.
  • Whether you received the proper warnings about license suspension.

The proceeding is administrative, not criminal. Testimony is taken under oath and recorded, and hearsay is allowed, which is a lower bar than a criminal trial. If you intend to challenge how a blood or urine test was handled, your original request must include a notice compelling the tester or certifying scientist to appear. Without that notice built into the filing, you may lose the chance to question the test itself.

Getting ready: documents, witnesses, and what to bring

Preparation for an ALS hearing looks different from preparing for trial, mostly because the questions are narrower and the record matters more than argument.

  1. Gather your Form DSMV 426 suspension notice, the arrest report, and any test records or chain-of-custody paperwork.
  2. Collect medical records if a medical condition affected testing or your ability to perform field sobriety tasks.
  3. Document how the suspension affects your license, job, or ability to get to work, since that context can matter to how you present your case.
  4. Confirm that your notice requiring the officer or scientist to appear was included with your original filing, not added later.
  5. Bring extra copies of everything for the examiner and the officer, whether the hearing happens in person or by video.

If the officer or scientist was properly noticed and fails to show, RSA 265-A:31 requires the examiner to dismiss the case and rescind the suspension, which makes that notice one of the most consequential parts of your filing.

Pro Tip: Ask whether your hearing will be in person or by video before the date arrives, and bring a way to record the proceeding yourself as a backup.

An attorney can help you draft the attendance notice properly, prepare cross-examination questions for the officer, and evaluate whether an appeal makes sense after the examiner’s decision comes down.

What happens if you miss the deadline or the hearing

Missing the 30-day window is close to unrecoverable. The Bureau treats a late request as untimely and denies it, leaving the suspension in place. Failing to appear at a scheduled hearing without good cause carries similar consequences.

  • An untimely request is denied outright under the Bureau’s own rules.
  • Skipping your hearing without good cause waives your right to it, and the suspension stands.
  • Having an attorney show up is not a substitute for your own appearance at the hearing.
  • Restoration tied to an officer’s continuance is narrow and does not apply to every case.
  • Appeal rights after an adverse decision exist but run on their own strict timeline.

If you believe you have a legitimate reason for a delay, document it immediately and speak with an attorney the same day. Narrow exceptions exist, but they are the exception, not the rule, and waiting even a few more days can close them off entirely.

Courtroom-proven filing tips from Lydon Law

The most common mistake we see is a request that states an objection but skips the statutory grounds, which gets it kicked back under the Bureau’s own rules. The next most common is forgetting to notice the officer or tester, which quietly forfeits a real chance at dismissal. File early, keep proof of delivery, copy the arresting agency, and if any of this feels uncertain, get a lawyer involved before the clock runs out rather than after.

— Kalie

How Lydon Law can help you meet the deadline

Thirty days moves fast when you are also dealing with a pending DWI charge, and one missed detail in your written request can cost you the hearing entirely. Clients typically work directly with an attorney from the first call to receive assistance with drafting requests, gathering test records, or subpoenaing relevant individuals for hearings.

  • We prepare and file ALS hearing requests within the 30-day window so nothing gets bounced for a missing statutory ground.
  • We draft the attendance notice required to compel the officer or tester to appear.
  • We represent you at the hearing itself and evaluate appeal options if the outcome goes against you.
  • We handle the related DWI charge alongside the administrative suspension, since the two move on separate tracks.

The law firm serves clients from offices in two New Hampshire locations and focuses exclusively on clients within the state. If you were arrested recently, contact us now with your suspension notice in hand so we can calculate your deadline and get your request filed correctly the first time. For a fuller walkthrough of the process, our guide on ALS hearing steps covers the statutory citations in more depth.

Sources

FAQ

How long does a DWI stay on your record in New Hampshire?

A DWI conviction in New Hampshire remains part of your criminal and driving record permanently under state law, and it is not eligible for annulment for a set number of years depending on the offense. Because rules on annulment eligibility can be detailed, it is worth discussing your specific situation with an attorney.

What is an ALS hearing in a DWI case?

An Administrative License Suspension hearing is a proceeding separate from your criminal DWI case where an examiner decides only specific administrative questions, such as whether the officer had reasonable grounds and whether you refused testing or met the BAC threshold, as outlined in RSA 265-A:31. It does not decide whether you are guilty of DWI itself.

Do you lose your license immediately after a DUI arrest?

In New Hampshire, a suspension notice is served at or near the time of arrest, and requesting a hearing does not pause that suspension while you wait for your hearing date. The suspension stays in effect unless the examiner later rescinds it based on the hearing record.

What are the consequences of a second DWI conviction in New Hampshire?

A second DWI conviction in New Hampshire typically brings longer license suspension periods, higher fines, and potential jail time compared to a first offense, with specifics depending on the circumstances of the case. Given how much heavier the penalties become, speaking with a criminal defense attorney early is especially important for a second offense.

What happens if I miss the 30-day deadline to request a hearing?

If your written request is not received by the Bureau of Hearings within 30 days of service, the request is denied as untimely and your suspension remains in effect. There are only narrow exceptions to this rule, so contacting an attorney immediately gives you the best chance of identifying whether one applies to your case.

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