Receiving a driving under the influence (DUI) charge can be a daunting encounter, leading to feelings of anxiety, stress, confusion, and uncertainty. If convicted, a motorist may receive traditional penalties, such as jail time, depending on the severity of the offense and whether it is an initial or subsequent conviction, but alternative sentencing options for DUI are also available. Explore the DUI sentencing alternatives in NH, and find out how a DUI attorney in NH can help motorists navigate DUI charges; call Friedman & Bresaw, PLLC today at (603) 707-4800 to arrange a preliminary discussion with a New Hampshire criminal law attorney.
Do You Go To Jail for DUI in NH?
DUI is a criminal offense in New Hampshire, rather than a traffic violation, meaning it has more severe penalties compared to traffic infractions and can stay on a person’s driving/criminal record for considerably longer. If convicted, motorists may receive the following penalties, depending on the nature of the charge:
- First offense: An initial DUI conviction may lead to a license suspension of 9 to 24 months, a requirement to complete an alcohol and drug abuse screening and treatment program and an impaired driving education program, a minimum $500 fine and penalty assessment, and the installation of an ignition interlock device (although this is usually reserved for aggravated charges or multiple offenses).
- Second conviction: New Hampshire imposes more severe penalties for second DUI/DWI convictions, including a minimum 60-day jail sentence, with 30 suspended, if the offense occurred within two years of the first conviction, a two- to three-year license suspension, a $750 fine and penalty assessment, and the mandatory installation of an ignition interlock device (IID) for 12 to 24 months after recovering driving privileges. Notably, the mandatory jail term for second offenses occurring two years or more after the first offense but no later than ten years after the initial conviction is 17 days, with 12 days suspended.
- Third offense: A third offense has a 180-day jail sentence, a license suspension lasting for a minimum of five years, a $750 fine and penalty assessment, and the compulsory installation of an IID for 12 to 24 months following the recovery of their license.
- Felony: While typically a misdemeanor, a DUI conviction may become a felony if an individual commits a fourth offense within 10 years, resulting in the same penalties as a third offense but with a longer license suspension. If a motorist commits a DUI offense that results in an accident causing a severe injury, this can lead to an aggravated charge, a felony carrying penalties of a significant fine, minimum license suspension of 18 months, mandatory IID installation, and a jail sentence ranging from three and a half to seven years. When a DUI offense involves a collision that kills someone, the offending party may face the felony charges of negligent homicide and aggravated DWI; the penalties of negligent homicide include a maximum jail term of 15 years, an indefinite license suspension lasting at least seven years, and a maximum fine of $4,000.
What Are the DUI Sentencing Alternatives in NH?
The traditional penalties of DUI charges, consisting of fines, jail time, compulsory participation in education programs, and license suspension, can have lasting, life-altering ramifications. New Hampshire, however, does permit alternative sentencing in certain circumstances, which focus on education and rehabilitation instead of punitive measures, reducing the severity of conventional penalties. Below is an overview of the alternatives to jail for DUI offenses in New Hampshire.
Treatment Program Participation
One alternative to conventional sentencing involves participating in a substance/alcohol misuse treatment program, designed to address the issues that caused the motorist to commit the DUI offense. These programs typically involve educating participants on how drugs and alcohol can impact decision-making, counseling, and providing the tools to avoid further offenses. A judge might recommend participation in this type of program instead of more traditional penalties for first offenses.
Find out more about DUI sentencing alternatives in NH, and learn how Friedman & Bresaw, PLLC may aid individuals charged with driving under the influence. Contact our firm today to schedule an initial consultation with a DUI lawyer in NH.
Community Service
Another alternative offered by New Hampshire courts is community service, viewed by judges as a productive method of making amends for a DUI charge. This involves participating in projects that improve the local community, offering a way for individuals to demonstrate a commitment to accountability.
Ignition Interlock Devices
Some New Hampshire judges may require motorists to install IIDs in their motor vehicles instead of suspending their license. An ignition interlock device prevents drivers from starting the engine unless they can provide a breath sample containing no traces of alcohol. This can be an appropriate sentencing alternative for individuals who require their vehicles to fulfill work duties and attend medical appointments while not compromising on public safety.
Education Programs
An alternative to conventional penalties for first DUI offenses is for the motorist to participate in a tailored rehabilitation program that educates them about the ramifications of engaging in impaired driving while preventing subsequent offenses. By successfully completing one of these programs, the driver may receive less severe penalties, like lower fines or reduced license suspensions.
Electronic Monitoring and House Arrest
A DUI conviction carries a jail sentence that is mandatory and can not be reduced. However, in such events of repeat offenses, an individual might qualify for electronic monitoring or house arrest instead, allowing them to remain at home while taking responsibility for their actions. This involves tracking a person’s movements to check they are complying with restrictions imposed by the court and might be a suitable sentencing alternative for people with caring responsibilities.
Why Seek Alternative Sentencing?
Opting for alternative sentencing might help individuals safeguard their future, whereas traditional penalties, such as substantial fines or a jail sentence, can have a lasting impact and affect a person’s ability to take advantage of educational, housing, or employment opportunities. Unlike traditional penalties, which focus more on punishing the individual, alternative sentencing emphasizes reforming the person, minimizing the long-term effects of a driving under the influence charge. By finishing alternative sentencing programs, individuals can concentrate on rebuilding their lives and prevent a DUI charge from defining their future.
What Is the Impairment for DUI in NH?
New Hampshire’s legal limit for blood alcohol concentration (BAC) is 0.08% for motorists aged 21 and older and 0.02% for drivers aged under 21, according to the New Hampshire Division of Motor Vehicles, with any motorist exceeding these limits legally considered impaired. If a driver’s BAC is 0.16% or greater, they could face an aggravated DUI charge.
The National Highway Traffic Safety Administration states that alcohol consumption makes it more difficult for motorists to drive their vehicles safely, with impairment increasing with the level of alcohol consumed, although the impairment signs differ between individuals. When a person has a BAC of 0.08% or higher, they are four times more likely to have an accident compared to someone who has consumed no alcohol; also compared to motorists with no alcohol in their system, the chances of drivers with a BAC of 0.15% crashing their vehicles increases 12-fold.
Why Is Rehabilitation Important in DUI Cases?
The courts think that dealing with impaired driving’s causes can result in material behavior changes. In addition, participating in rehabilitation demonstrates that the offending party is willing to take responsibility for their actions and pursue self-improvement.
Often, rehabilitation programs involve educating motorists about why impaired driving is dangerous while helping them develop coping strategies and healthier habits. Drivers who demonstrate a focus on rehabilitating themselves can improve the chance of a court viewing them in a positive light and boost the probability of avoiding severe penalties.
Book a Consultation With a Dedicated DUI Attorney in NH Today
Drivers facing DUI charges in New Hampshire may want to consider prompt action since this makes it more likely to obtain alternative sentencing options while allowing time to develop a tailored, strong defense. By contrast, those who delay may find it challenging to minimize or avoid severe DUI penalties. To learn more about DUI sentencing alternatives in NH and obtain case assistance, think about discussing your concerns with a DUI lawyer in NH; call (603) 707-4800 today to arrange a meeting with a dedicated New Hampshire criminal defense attorney from Friedman & Bresaw, PLLC.
