Individuals charged with driving under the influence of alcohol or other controlled substances (DUI) in New Hampshire can face stiff penalties. Repeat offenders face correspondingly steeper sentencing requirements, but even first offense DUI convictions carry substantial consequences. If you have been arrested and charged with DUI in New Hampshire, consider speaking with an experienced criminal defense attorney who is familiar with the state’s prosecutorial system. Attorneys who have a proven track record of working with New Hampshire prosecutors to achieve reduced or alternative sentencing, as well as of defending their clients’ innocence when necessary, may be in a position to provide you with valuable insights regarding your legal options. Schedule a free case evaluation to discuss your first offense DUI charges with Friedman & Bresaw, PLLC by calling (603) 707-4800.
What Happens With a First Offense DUI in New Hampshire?
Like other states, New Hampshire imposes penalties on those who violate § 265-A:2 NH Rev. Stat. (2023) by operating a motor vehicle while chemically impaired. While these penalties, designed to protect others on the roadways by deterring driving under the influence of substances that impair a driver’s judgment and ability to control their vehicles and respond appropriately to conditions encountered while driving, generally increase with each new conviction, New Hampshire § 265-A:18 imposes a specific testing requirement for first offense DUIs in addition to the mandatory minimum fine and referral to an Impaired Driver Care Management Program (IDCMP) administered through the New Hampshire Department of Health and Human Services.
Any New Hampshire driver receiving their first conviction for DUI must submit to screening for substance abuse (alcohol or illicit drugs) within 14 days of the conviction. If the results from the initial screening procedure suggest that a substance abuse disorder is likely, the driver is additionally required to submit to a more thorough follow-up evaluation within 30 days of the conviction. This second evaluation must be performed by a provider specified by the IDCMP, which will then develop a plan for the driver based on the results of the evaluation. The driver is responsible for paying all fees associated with the services specified by the IDCMP and any referrals made under the program – a requirement that can prove a substantial expense when added to the minimum $500 fine. Because satisfying all of the IDCMP’s specifications is typically a requirement for license reinstatement, however, most drivers are not in a position to decline treatment or refuse to pay.
What Is the Most Common Sentence for a First-Time DUI?
The optimal outcome for any particular case will always depend to a large extent on the circumstances involved. However, there are a few general principles that individuals facing DUI charges in New Hampshire for the first time can use to develop a better understanding of the likely options available in their situation. Two of the most important factors to consider are:
What Is the Penalty for First Offense DUI in New Hampshire?
The interplay between the specific charges and the mandatory sentencing requirements will not necessarily determine the outcome of your case, but may help to establish the limits within which that outcome will be determined in the event of a conviction. The reality is that none of the possible outcomes of a DUI conviction in New Hampshire will be cheap, convenient, or easy to live with, while mustering a defense strong enough to secure acquittal may not be realistic in every situation. A seasoned New Hampshire criminal defense lawyer with Friedman & Bresaw may be able to review the circumstances of your case and help you evaluate your legal options.
How Long Do You Lose Your License for a DUI in New Hampshire?
New Hampshire takes DUI cases very seriously. State law mandates hefty minimum sentencing requirements. Minimum DUI sentencing requirements established under § 265-A:18 include not only the amount that must be levied as a fine, but also minimum license suspension period of no less than nine months.
License Revocation Limits for New Hampshire DUIs
At the same time, New Hampshire laws also establish maximum limits for DUI sentencing, including the period of time over which a judge in the state’s criminal courts can extend a license suspension based on DUI conviction. Moreover, state laws also provide for the possibility of “suspending” up to six months of a license revocation, subject to certain requirements.
Ignition Interlock Requirements & Expenses
Drivers facing DUI charges should be aware that even if the court grants the “suspension” for a portion of their license revocation, a New Hampshire judge may make this suspension subject to the driver’s installation of a driver interlock device that, as the New Hampshire Division of Motor Vehicles explains, prevents the vehicle’s ignition from activating until the person in the driver’s position provides a breath sample whose alcohol concentration is below a certain threshold. Like the IDCMP itself, the purchase of the interlock device and the fee for its installation can present a significant expense – but a driver whose license reinstatement is made conditional upon interlock device installation must pay if they wish to take advantage of the potential for a partially suspended license revocation period.
What Makes DUI a Felony in New Hampshire?
Another factor that can affect the outcomes for a first offense DUI conviction is the specific violation with which the driver is charged. New Hampshire separates its drunk driving laws into two statutes: RSA § 265-A:2, which is a broad general statute prohibiting the operation of boats or motor vehicles while under the influence of any of a wide variety of potentially impairing substances, and RSA § 265-A:3, which identifies a number of circumstances under which the intoxicated or “influenced” vehicle operation may be considered “aggravated.”
The penalties for “aggravated DWI” charged under § 265-A:3 are generally more severe than those individuals will face for a conviction under § 265-A:2, regardless of whether the conviction is for a driver’s first DUI offense. First offense DUI convictions under § 265-A:2 are considered Class B misdemeanors. First offense DUIs that meet any of the criteria outlined under § 265-A:3, on the other hand, may be either Class A misdemeanors or Class B felonies, depending on the specific charges involved. While it is generally true that subsequent DUI offenses bring harsher penalties, a conviction for aggravated DWI can carry severe consequences, even if it is the driver’s first offense.
Speak With an Experienced New Hampshire Criminal Defense Lawyer
If you are facing charges for operating a motor vehicle while under the influence of a controlled substance in New Hampshire, your first step is to take your situation seriously. Even a first offense DUI conviction can result in substantial consequences that affect your life for months and years to come. Consider sitting down with a New Hampshire criminal defense lawyer familiar with the state’s sentencing guidelines and experienced in negotiating with state prosecutors to reduce or dismiss charges. At Friedman & Bresaw, PLLC we bring decades of experience as public defenders to bear in pursuit of our clients’ best interests. Call (603) 707-4800 today to schedule your free case evaluation with a member of our team.
