Driving under the influence (DUI), also sometimes called driving while impaired or driving while intoxicated (both DWI) is a criminal offense in New Hampshire. Individuals arrested on suspicion of drunk or impaired driving may be charged with one or several violations under RSA § 265-A, New Hampshire’s law governing chemically impaired vehicle operation. The charges can range in severity from misdemeanor to felony, but a conviction will in any case have substantial consequences for the convicted person’s future. Given the high stakes, individuals facing New Hampshire DWI charges may wish to exercise their right to an attorney and call a DUI lawyer. A DWI lawyer in New Hampshire may be able to help clients evaluate the severity of the charges they are facing and the extent and weight of the evidence in the prosecution’s case against them. A DUI lawyer may then suggest a few possible courses of action, or work with you to get a sense of your priorities and help you determine which options make the most sense in light of your circumstances. The New Hampshire DUI lawyers at Friedman & Bresaw, PLLC have decades of combined experience, so call (603) 707-4800 today to schedule your free consultation.
What Is DUI in New Hampshire?
New Hampshire’s RSA § 265-A plots a chart of prohibited activity along two axes:
- Chemical impairment (including but not limited to impairment due to the consumption of alcohol)
- Vehicle operation (including but not limited to driving or attempting to drive passenger cars, snowmobiles, and boats)
Any attempt to operate virtually any type of personal vehicle is illegal in New Hampshire if the person attempting to drive (or “operate”) the vehicle is chemically impaired at the time of the attempt. Chemical impairment is likewise quite broadly defined, encompassing not just alcohol and the various “street drugs” but any prescription or even over-the-counter drug that negatively impacts an individual’s ability to drive.
The relatively broad language used in New Hampshire’s drunk driving laws is designed to prevent “loopholes” that might allow bad actors to endanger public safety without fear of penalty; drafting the statute so as to account for a broad range of possible offenses related to chemical impairment during operation of many different types of vehicles helps to ensure that the law will remain “evergreen” and continue to serve its intended purpose in the face of new developments in drug formulation and driving technology. However, this broad scope also increases the chances that a New Hampshire driver may run afoul of the law unintentionally – in some cases because he or she is unaware of how broadly the statute is written, but also in many instances because a patient may not be fully informed about the potentially impairing effects of a new prescription or even over-the-counter medication he or she has just begun taking, leading an otherwise law-abiding New Hampshire resident to risk not only their own and others’ physical safety, but the individual’s driving license and clean record.
Is There a Difference Between DUI vs. DWI in New Hampshire?
Some states differentiate between DUI, driving under the influence (sometimes but not always specified as the influence “of alcohol”) vs. DWI, which may mean driving while intoxicated or driving while impaired, depending on the state. New Hampshire does not draw this distinction, and in fact the text of RSA § 265-A refers at different points both to “the influence” and to impairment, with 265-A:3 shifting to define the criteria for a charge of “aggravated driving while intoxicated.”
Blood Alcohol Content and New Hampshire DWI
The statutory language used in New Hampshire does not generally distinguish between intoxication, “influence,” and impairment. For the most part, New Hampshire’s DWI laws also do not mark sharp distinctions between impairment by alcohol vs. impairment or intoxication due to the presence of other potentially impairing substances. However, RSA § 265-A does lay out specific limits (or thresholds, depending on perspective) for blood alcohol content (BAC). While the DWI charge will likely be the same for alcohol vs. another impairing chemical, the greater specificity with which BAC is limited by law and measured – in the field and at the precinct – can lead to some minor differences in how a New Hampshire DUI lawyer handles a DWI case based on alleged drunk driving vs. one that alleges the driver’s impairment by another controlled substance.
Penalties for DUI in New Hampshire
One of the main factors in penalties for a DUI conviction in New Hampshire can often be the driver’s own record. New Hampshire, like many other states, penalizes DUI offenses after the first with a severity that increases in proportion to the number of times the same individual has been convicted of a DWI offense. An experienced New Hampshire DUI lawyer with Friedman & Bresaw, PLLC may be able to help you assess the penalties that are likely in your case, based on the charges and evidence against you.
New Hampshire DWI First Offense
Drivers convicted of their first DUI offense, if the charge is not “aggravated” driving while intoxicated, will be required to pay a $500 fine and at least nine months’ driving license suspension. Individuals convicted of the “aggravated” offense under RSA § 265-A:3 will pay a higher fine and nearly double the period of license suspension; 265-A:3 also carries a mandatory jail sentence, although it is short compared with the sentences assigned for some other crimes. Drivers convicted of either offense will be required to participate in an Impaired Driver Care Management Program (IDCMP), at each driver’s own expense.
New Hampshire Second DUI Offense
Second-offense DUI convictions in New Hampshire are in general penalized more heavily than first offenses for the same charge, but how much more heavily can depend on how much time has passed since the first offense, as the second DUI charge within a two-year period is subject to stiffer penalties than a second charge between two and 10 years from the first conviction, particularly in mandatory jail sentencing. The timeline since the first offense matters somewhat less for the purposes of determining driving license suspensions, as individuals convicted of a second DUI in New Hampshire can generally expect to have their licenses revoked for about three years. Similarly, whether the second offense occurs within two years of the first or within the somewhat wider window the convicted driver will be required to undergo an evaluation for substance use disorder, and to follow any plan developed as a result of the evaluation.
Third DUI Offense in New Hampshire
The third conviction for a DWI or DUI offense in New Hampshire results in substantial mandatory jail time, along with an indefinite suspension of driving license. This suspension can be absolutely devastating to individuals who rely on driving to maintain their jobs and meet their own basic care needs, which is why even the shorter suspension periods imposed for first and second offenses can often prove a significant deterrent to DWI for many New Hampshire drivers. If you have been charged with DUI in New Hampshire after already receiving a prior conviction for a related offense, speaking with an experienced New Hampshire DUI lawyer can be an important step toward safeguarding your future.
What Does a New Hampshire DUI Lawyer Do?
If you are arrested for DWI anywhere in New Hampshire, you have the right to legal representation. If you exercise that right and call an attorney, his or her initial recommendations will likely depend to a large extent on the nature of the charges you are facing and the type and extent of the evidence against you. However, some of the most common ways a New Hampshire DUI lawyer may support clients include:
- Review administration of field sobriety tests: Field sobriety tests (FSTs) are essentially a standard set of challenges that law enforcement officers may administer in “the field” (i.e., at the scene of a traffic stop or arrest) in order to determine whether an individual shows signs of inebriation or chemical impairment. A DUI lawyer may consider challenging the FST protocol that led to your arrest.
- Review the arrest record: Law enforcement officers are like everyone else in that they can make mistakes. They can be rushed or distracted and omit important procedures, use faulty judgment, or neglect to inform a person under arrest of his or her rights. These errors are not necessarily malicious; however, the trust and responsibility placed in law enforcement personnel mean that even genuinely accidental mistakes made by law enforcement officers can often have an outsized impact on a suspect or defendant’s exercise of his or rights, protected under state and federal laws. Constitutional rights, in particular, are too precious to be defended with less than full vigor.
- Evaluate options for plea negotiations vs. motion to dismiss charges: Depending on the circumstances of the case and the evidence against you, a New Hampshire DUI lawyer may negotiate with prosecutors on your behalf, or the attorney may file a motion with a New Hampshire court to dismiss the charges if the prosecution’s case appears less than airtight.
Charges filed under RSA § 265-A may range from misdemeanors for non-aggravated first offenses to serious felonies for repeated convictions – but any violation of RSA § 265-A is a criminal offense. If you have been arrested for drunk driving anywhere in New Hampshire, consider contacting an experienced DUI lawyer without delay.
Call a New Hampshire DWI Attorney To Learn More About Your Legal Rights
Individuals who attempt to drive while chemically impaired put themselves and others at risk – even if the action is unintentional, or out of character. Due to the threat impaired driving poses to innocent drivers, passengers, and bystanders, New Hampshire courts and prosecutors take DWI offenses seriously. If you are arrested and charged with a violation of any portion of RSA § 265-A, you should take those charges seriously as well. Consider exercising your constitutional right to an attorney and securing immediate legal representation. Call (603) 707-4800 to schedule a free case evaluation with a New Hampshire DUI lawyer at Friedman & Bresaw, PLLC.
