Driving under the influence (DUI) of alcohol/drugs is a severe offense resulting in financial, insurance, and legal consequences. Alongside potential jail time, fines, and the loss of driving privileges, a DUI conviction can remain on a person’s record for a number of years, impacting insurance premiums, as well as future educational, housing, and job opportunities. Find out the length of the DUI record duration in NH, learn about the DUI penalties in NH, and discover how Friedman & Bresaw, PLLC may assist individuals convicted of a DUI offense with applying for an annulment; contact an experienced New Hampshire DUI attorney from our firm today by calling (603) 707-4800.
What Is the DUI Record Duration in NH?
Per RSA 265-A:21, a DUI conviction typically remains on a person’s record for a decade, with demerit points staying on their driver’s license for three years. After 10 years, the individual may apply for an annulment, preventing the public from accessing the DUI record and being able to claim they have no previous DUI conviction, but still permitting law enforcement agencies to view it to rely on in the event of a subsequent conviction. Prior to obtaining an annulment, any interested parties can view the conviction on a person’s driving records via the New Hampshire Division of Motor Vehicles (DMV), their criminal record via the Department of Safety, and their court records through the Clerk of Courts.
Understanding DUI Penalties in NH
Driving under the influence/driving while intoxicated (DUI/DWI) is a statutory criminal offense outlined in RSA 265-A:2. This offense takes place when someone drives or attempts to drive a motor vehicle while experiencing impaired driving ability due to alcohol consumption or drug ingestion. New Hampshire’s intoxication threshold is a blood alcohol content (BAC) of 0.08% for adults with the exception of those under 21, set at 0.02%, although motorists with a BAC below this threshold may still face a DUI charge if law enforcement suspects them of impairment.
The penalties in New Hampshire for DUI are both financial and punitive. These penalties are as follows.
Demerit Points
Upon the conviction of a DUI offense, the individual automatically receives six demerit points from the DMV, added to their driver’s license. Motorists receive a license suspension lasting three months if they acquire 12 demerit points in a year. This means if the driver already had six demerit points, a DUI conviction would suspend their license for three months; this would be in addition to the immediate license suspension ordered by the court.
License Suspension
In New Hampshire, drivers convicted of a DWI offense receive an immediate court-ordered driver’s license suspension for at least nine months (potentially reduced to 90 days for first-offenders after meeting certain requirements) up to a maximum of two years. The length of the suspension increases with subsequent or felony offenses, potentially reaching a maximum of 10 years without permitting an appeal.
Fines and Other Monetary Penalties
A DUI conviction carries a minimum fine ranging between $500 and $750, with the existence of aggravating factors influencing the precise amount, up to a maximum of several thousand dollars for felony/subsequent offenses. Additionally, those convicted of a DUI must pay the other costs associated with their conviction, including administrative charges and court fees.
Ignition Interlock Device
An ignition interlock device (IID) is a vehicle-implemented system preventing motorists from starting an engine unless they produce an alcohol-free reading on a breath test. Usually reserved for repeat offenders, individuals with suspended sentences, people who have committed aggravated offenses, and those with substance abuse issues, drivers are responsible for paying to install an IID in each of their vehicles and must buy the device from a vendor authorized by the court.
Consider contacting Friedman & Bresaw, PLLC to gain further details about the DUI record duration in NH and the DUI penalties in NH. Arrange a preliminary consultation with an accomplished New Hampshire criminal defense attorney from our legal team today.
Proof of Financial Responsibility
Before the DMV restores driving privileges post-license suspension, they require individuals convicted of a DWI offense to provide evidence of motor vehicle insurance/financial responsibility, known as an SR-22 certificate. These drivers must also pay the costs associated with obtaining this proof.
Impaired Driver Education Program
Completing an impaired driver education program is a typical prerequisite for obtaining a suspended jail sentence (for subsequent, aggravated, or felony offenses). For this penalty, motorists must finish the program in full and at a facility approved by the state.
Randomized Drug Testing
If the court believes that a driver has an issue with substance misuse, they may order the motorist to undergo treatment under supervision. To ensure compliance with these terms, they might also order randomized urinalysis testing.
Jail Sentences
First-offenders rarely receive a jail sentence for a DWI conviction, whereas habitual offenders and those convicted of an aggravated/felony charge do. While there are minimum mandatory sentences, the exact imprisonment length depends on the severity of the offense in addition to mitigating and aggravating circumstances.
How Do I Remove a DUI From My Record in NH?
Removing a DUI from a record in NH involves filing for an annulment, which requires the convicted individual to file the motion and pay the filing fee. Upon receiving this, the court checks the person’s record for additional convictions and assesses the risk to other parties of granting the expungement. If the individual’s record contains multiple convictions, the petitioning party must wait the required amount of time, as indicated in RSA 651:5, before seeking to annul any of these offenses.
Assuming no valid reason for refusing the expungement exists, the court seals the offense. However, details of the conviction remain in the person’s permanent file, used during sentencing for subsequent DUI offenses.
How Long Does a DUI Stay on Your Driving Record in NH?
In addition to having a criminal record, those convicted of a DUI offense can expect the charge to appear on their driving record, maintained by the DMV, which tracks a motorist’s traffic violations, legal charges, accidents, and driving history. A DUI offense usually remains on someone’s driving record for at least 10 years, and has a lasting impact on a person’s capacity to drive, such as making it challenging to obtain a license renewal and secure work in roles involving driving duties.
When a person receives a DUI conviction, and after serving their sentence, this immediately and noticeably increases their motor vehicle insurance rates due to insurers viewing these individuals as risky drivers, and over time, these costs can be significant, potentially making it unaffordable for these motorists to obtain the required coverage. Alternatively, insurers may require these drivers to buy high-risk car insurance policies, typically much more expensive than conventional policies, or refuse to insure these parties entirely.
Explore How a Knowledgeable New Hampshire DUI Attorney Can Assist Drivers
With regard to a person’s driving record, a DUI can stay on this record for a maximum of 10 years, making it challenging to renew a license, get motor vehicle insurance, and rent vehicles. Additionally, the conviction remains on a person’s criminal record for a decade, after which New Hampshire permits individuals to petition for an expungement, known as an annulment in New Hampshire, to seal their record. Learn additional information concerning the DUI record duration in NH, as well as DUI penalties in NH, and find out how a knowledgeable New Hampshire criminal defense lawyer can help with DUI defense strategies, annulment petitions, and other legal issues; call us today at (603) 707-4800 to schedule an initial case review.
