While marijuana is legal in many states, New Hampshire has much stricter policies on the drug than most, according to the New Hampshire Municipal Association. Possession of more than three-quarters of an ounce of marijuana is illegal in the state. Though medical marijuana has been legalized, recreational marijuana has yet to be legalized. As such, possession of marijuana could be exacerbated by a marijuana DUI. The combination of these charges could lead to a heftier sentence in court. This is why it can be beneficial to understand New Hampshire’s unique marijuana DUI legislation.
Marijuana DUI charges are often similar to standard alcohol DUI charges, though due to the restricted nature of cannabis, there may be some unique nuances. Additionally, a marijuana DUI charge could be influenced by the number of charges within a certain period or the severity of the incident. However, other complications may arise when arguing a marijuana DUI case in court. Due to the length of time that the active ingredient of marijuana remains in the bloodstream, determining when the defendant was intoxicated can be difficult.
This is why having a skilled Laconia County DUI/DWI defense attorney in your corner can be a significant benefit. Consider speaking with a New Hampshire attorney from Friedman & Bresaw by calling the office at (603) 707-4800 for details.
New Hampshire DWI Laws
For those with a DUI case in Belknap County, understanding New Hampshire’s DUI/DWI laws could be a significant asset when determining how to build a case. Driving under the influence of drugs or alcohol (DUI) is often conflated with driving while intoxicated (DWI). While many other states make a distinction between these two, New Hampshire does not. This means that a marijuana DWI is the same as a marijuana DUI. However, in many courts outside of the state, these are determined by different factors.
Implied Consent
One of the key New Hampshire laws that influences a marijuana DUI is implied consent. All drivers share the responsibility to keep the roads safe by following traffic regulations and maintaining awareness of their surroundings. Due to this expectation to contribute to the general safety of public roads, getting behind the wheel of a motor vehicle implies that the driver consents to being tested for drugs and alcohol that could impair their ability to function on the road. Refusing tests for drugs or alcohol could lead to greater legal issues in the moment or down the road. While implied consent usually refers to breathalyzer tests for alcohol, this may also extend to testing for marijuana.
RSA 265-A:2
The other key New Hampshire statute that marijuana DUI defendants should be aware of is RSA 265-A:2. This is the specific New Hampshire statute that defines what a DUI is in the state, and the following laws also detail the consequences and other legal details of standard and marijuana DUIs. In the state of New Hampshire, it is illegal to operate a motor vehicle while under the influence of any substance, such as alcohol or a controlled drug. Note that this includes boats and other motor vehicles, as well as a comprehensive list of drugs and controlled substances that may be covered by this statute.
A seasoned Meredith criminal lawyer may be able to evaluate a marijuana DUI case and offer legal assistance.
Consequences for a Marijuana DUI
Those charged with a marijuana DUI in New Hampshire may benefit from a better understanding of the potential sentences for a marijuana DUI. These charges are affected by the nature of the offense and the number of offenses. For instance, an aggravated DWI may arise if the driver is highly intoxicated or if their intoxication leads to a severe accident. As with many other criminal charges, the sentence is much more severe for repeat offenses.
First Offense
A first offense for a marijuana DUI in New Hampshire is considered a class B misdemeanor. Misdemeanors are still considered criminal charges, but they are much less severe than felonies and carry lighter sentences. A class B misdemeanor for a marijuana DUI may lead to fines of up to $500, have their license revoked for between nine months and two years, and may be required to attend a correctional driving course or drug screening.
Second Offense
Second offenses will be guilty of a class A misdemeanor and are subject to fines of no less than $750. They may also need to complete a substance use disorder evaluation. However, second offenses are more complicated to determine, as the severity of the sentence is correlated with the time from the first offense. If the second offense occurred within two years of the first offense, the driver will serve no less than sixty days of jail time, with thirty days of that time suspended. If the second offense is within ten years of the original offense, the sentence will be lessened. They may be sentenced to 17 days of jail time, with twelve days suspended.
Third Offense
A third offense carries with it all of the consequences of a second offense, in addition to several other consequences. A third-time marijuana DUI offender may have their license revoked indefinitely for no less than five years. After these five years have passed, the offender can petition the courts to have their license reinstated. They may also be sentenced to 180 days in a state correctional facility, of which 150 will be suspended. However, this suspension is contingent on the individual scheduling a substance use disorder evaluation and complying with the established plan. Subsequent offenses after a third offense may even be considered felony offenses, carrying much heavier fines and more severe charges.
Speak with a Lakes Region DUI Attorney
Marijuana DUI charges can be quite serious, with a lasting impact on an individual’s quality of life. A conviction could lead to suspended licenses, hefty fines, jail time, and even a permanent criminal record. However, this is not the end of the story. There are many viable ways to defend against marijuana DUI allegations. Understanding how to defend against DUI allegations could save an individual much heartache, financial distress, and legal complexity. A skilled Lakes Region DUI/DWI lawyer from Friedman & Bresaw may be able to help. With their experience navigating New Hampshire courts, an attorney may be able to provide solid legal advice in the face of these charges. Consider scheduling a free consultation today by calling the office at (603) 707-4800.
