Getting charged with driving under the influence/driving while intoxicated (DUI/DWI) is a serious matter, and when someone faces the prospect of a subsequent conviction, this may lead to lasting consequences that impact several facets of their life. The penalties for additional offenses can become even worse if there are aggravating factors present, such as an excessively high blood alcohol concentration (BAC), the presence of a passenger who is a minor child, or extreme speeding. If facing an initial or subsequent DUI charge, consider contacting a seasoned New Hampshire criminal law attorney to understand repeat DUI offenses in NH, alongside the DUI penalties in NH, and gain assistance with crafting a strong legal defense; call the law offices of Friedman & Bresaw, PLLC at (603) 707-4800 today to explore your legal options.
Understanding Repeat DUI Offenses in NH
According to the Foundation for Advancing Alcohol Responsibility, in 2022, 32% of motor vehicle fatalities occurred as a result of impaired driving. Due to the dangers linked to alcohol consumption and driving, every state (New Hampshire included) has laws that prohibit drivers who have consumed a certain amount of alcohol from driving a motor vehicle. In New Hampshire, a DUI offense takes place when a motorist’s BAC is above 0.08% (or 0.02% if they are under 21), as stated by the New Hampshire Division of Motor Vehicles, with a BAC of 0.16% or more constituting an aggravated DUI offense, while operating a motor vehicle or if law enforcement believes the driver has impaired driving ability.
To deter habitual drunk driving and ensure that the roads for users are safe, New Hampshire imposes more severe penalties for repeat offenses. Multiple DUI/DWI offenses refer to DUI charges brought within a decade of a previous DWI conviction; the key date being when the motorist receives the conviction as opposed to when the offense took place.
What Is the Punishment for DUI in NH?
A first DUI offense is a class B misdemeanor, resulting in a minimum fine of $500, a license revocation lasting between nine months and two years (minimum of a year plus counseling and alcohol treatment for drivers under 21), and the requirement for convicted motorists to complete an impaired driver intervention program to recover their driver’s license. Within two weeks of the conviction date, the individual must agree to a drug and alcohol abuse screening as part of an impaired driver care management program, and if deemed appropriate during the program, they may have to complete a substance disorder assessment (within one month from the conviction date) and finish a recovery/treatment program. If the driver complies with the program requirements, they may apply to reduce the license suspension period by a maximum of six months, with the condition that they agree to install an ignition interlock device in their vehicle during the reduced sentence period.
For more information concerning repeat DUI offenses in NH, as well as DUI penalties in NH, think about discussing your legal queries with an experienced New Hampshire criminal defense attorney. Reach out to Friedman & Bresaw, PLLC to learn more about this topic and schedule a preliminary consultation.
What Happens if You Get a Second DUI in NH?
If convicted of a DUI a second time, New Hampshire laws impose a minimum fine of $750 and a minimum jail sentence of 60 days, with 30 days suspended, if the initial conviction took place within 24 months of the first offense. Regarding this jail sentence, the convicted individual must spend 30 days in a county correctional facility, arrange a substance abuse assessment with an impaired driver care management program no later than 60 days post-release, and follow the treatment plan developed during the program. If the second conviction is over two years later than the initial offense, the driver may instead face a minimum jail term of 17 days and can obtain a 12-day sentence suspension if they schedule an alcohol/drug assessment within a month of release, complete the evaluation within two months, and comply with a developed recovery plan.
Additionally, the offending driver can expect to lose their driver’s license for up to three years from the conviction date and may have to agree to the installation of an ignition interlock device in their motor vehicle. If the driver does not finish the impaired driver care management program or undergo the prescribed treatment, this could constitute contempt of court, leading to a minimum 30-day jail sentence.
What Is a 3rd Offense DUI in New Hampshire?
A third DUI offense in New Hampshire has even more severe repercussions than a second conviction. These penalties are as follows:
- Jail time: Motorists convicted for a third time for a DUI offense must complete a mandatory jail sentence of 180 days (with 30 days spent at a county correctional facility), and depending on the case, the driver may spend a year in jail. The convicted driver may defer five months of this sentence after completing an inpatient treatment program lasting 28 days (at their own expense), although the court may require the driver to obtain further counseling or treatment if needed.
- Fine: The minimum fine for a third offense is $750, with the maximum being $2,000, and convicted drivers must also pay a 24% penalty assessment.
- Driving privileges: A third DUI conviction also results in an indefinitely suspended driver’s license; while it is possible to petition for reinstatement five years from the conviction date, the court may not necessarily agree to do this. If they do agree, the driver must submit SR-22 (a certificate demonstrating sufficient motor vehicle insurance) and pay the costs associated with this. It is important to note that an SR-22 is required for a minimum of 3 years for any DUI.
- Those convicted of a third offense are ineligible for conditional/restricted licenses.
- Ignition interlock device: If the driver recovers their license, they typically have to install an ignition interlock device (IID) in all of their registered/used vehicles, at their own expense, which must stay in place for between one and two years. Motorists must blow into the IID, and the vehicle will only start if the recorded BAC is below 0.02%; any recordings above this level may result in a driver’s license revocation.
What Is the Maximum Fine Permitted for a Fourth DUI Conviction?
Fourth and additional DUI violations within 10 years typically lead to felony charges. The maximum fine permitted for a fourth DUI conviction in NH is usually the same as for a third offense, as are the other penalties. However, the motorist loses their driver’s license for a minimum period of seven years.
Learn More About DUI Penalties in NH by Reaching Out to a Knowledgeable New Hampshire Criminal Law Attorney
Driving under the influence is a severe criminal offense in itself (rather than merely a traffic violation, which is a common DUI myth), but the legal and financial ramifications worsen for those with prior DUI convictions. If charged with a subsequent offense, motorists could potentially face felony charges, which can significantly affect a person’s life, including their finances, freedom, and future. To learn more about DUI penalties in NH, including the implications of repeat DUI offenses in NH, and to gain assistance with fighting for your legal rights, contact Friedman & Bresaw, PLLC; call us today at (603) 707-4800 to organize a confidential discussion with a New Hampshire DUI attorney and learn why you need one for your case.
