Driving Under the Influence (DUI) is a serious matter in New Hampshire, with strict laws and severe legal consequences in place to deter impaired driving. Understanding New Hampshire DUI laws and the key DUI defense strategies used to mitigate charges can make it easier for you to determine how to move on from criminal allegations with as little disruption to your life and your freedom as possible.
At Friedman & Bresaw, PLLC, we employ our 50+ years of experience to successfully defend our clients against DUI charges in New Hampshire. Our seasoned team understands the stress that comes with facing criminal charges, and we are committed to helping you navigate the legal process with compassion and care. If you have been charged with a DUI, you do not need to navigate this alone. Consider scheduling your free initial consultation with an experienced New Hampshire DUI defense lawyer at (603) 707-4800 today.
New Hampshire DUI Laws
Under New Hampshire DUI laws, both driving under the influence (DUI) and driving while intoxicated (DWI) are used to refer to operating a motor vehicle while under the influence of drugs or alcohol. All DUI charges in New Hampshire are classified as crimes, meaning that DUI charges are more serious than standard traffic violations.
According to NH Revised Statutes § 265-A:2, it is against the law to operate a vehicle while under the influence of intoxicating liquor or any controlled drug, including prescription drugs or over-the-counter drugs. Under this statute, the alcohol concentration cannot surpass .08% for a person aged 21 or over. In the case of a person under the age of 21, the limit is .02%.
What Is Aggravated Driving While Intoxicated?
Aggravated driving while intoxicated is a more serious charge than a standard DUI. NH Revised Statutes § 265-A:3, a person is guilty of aggravated driving while intoxicated when they are found driving under the influence with a blood alcohol concentration over .16 or committing a DUI and:
- Driving 30 miles per hour or more over the speed limit.
- Causing an accident that results in serious bodily injury to another individual.
- Attempting to elude law enforcement by speeding, turning off headlights, or (in the case of a boat) abandoning the vehicle.
- Having a passenger in the vehicle who is under the age of 16
What Is Implied Consent?
NH Revised Statutes § 265-A:4 states that by operating a motor vehicle or boat on public roads or waterways, a person has given consent to a blood test or sobriety test in the event that they are stopped on suspicion of driving under the influence. This means that all drivers issued licenses in New Hampshire have already provided consent to submit to a chemical test if an officer has reasonable grounds to believe that they are operating a vehicle under the influence of drugs or alcohol.
What Are the Consequences for Refusal of Consent?
If a DUI suspect refuses to take a chemical test or field sobriety test, they will be found to have refused the testing. If it is a person’s first refusal violation and they do not have prior DUI convictions, the penalty is a 180-day license suspension. If a person has previously refused a test and/or they have prior DUI convictions, however, the penalty is a 2-year license suspension.
It is important to understand that the penalties for refusal of consent are separate from a DUI charge. A person can face penalties for violating New Hampshire’s before they face DUI charges. In such situations, the driver must request a hearing to avoid suspension within 30 days of the notice of suspension. Otherwise, the driver’s license may be suspended for a significant period of time.
When Should You Refuse Testing?
Understanding when to refuse testing is a complicated matter, and the answer depends on a range of factors. Have you been drinking? If so, how much and how quickly? How long has it been since your last drink? Importantly, can you afford to lose your license for 6 to 24 months should you refuse testing?
If you submit a breathalyzer or blood test and your BAC is between .08% and .16%, you may be convicted of a DUI based on your BAC alone. The charges will increase if your BAC is above .16%. Likewise, if you have a BAC of less than .08% but perform poorly on field sobriety tests, this can also be used against you in court.
Under NH Revised Statutes § 265-A:10, refusing a breathalyzer provides the prosecution with valuable evidence that can be utilized in court to prove that the driver was driving under the influence before their arrest. If a driver refuses the test, however, the prosecution must rely on observations from police officers instead of test readings.
When Should You Submit to Testing?
While refusing testing may be the right choice for some drivers, there are some situations in which it may be advantageous to submit to testing. If a person submits to testing and fails, they often face a license suspension that is less severe than the license suspension for refusing testing. Additionally, if the driver has a previous record of driving under the influence, the license suspension for refusal of consent is even more severe, incentivizing many drivers to submit to testing.
Obtaining Your Own Independent Testing
In New Hampshire, you have the right to obtain your own independent testing. Samples must be collected according to the instructions set forth in NH Administrative Code § Saf-C 9003.02. It is required that blood samples are retained by the laboratory for a period of 30 days. Furthermore, a person must request the sample from the laboratory in order to have it tested and if the request is not made within 30 days, the sample will be destroyed.
New Hampshire DUI Laws for Commercial Drivers
New Hampshire has stricter DUI laws for drivers holding a Commercial Driver’s License (DUI), including lower blood alcohol concentration (BAC) limits and more severe penalties. Under NH Revised Statutes § 265-A:24, commercial drivers are prohibited from driving with any alcohol in their systems.
According to NH Revised Statutes § 265-A:23, commercial drivers are charged with driving under the influence while operating a commercial vehicle with a BAC of .04% or greater are subject to the penalties found in NH Revised Statutes § 263:94, which include a mandatory license suspension of 1 year, although a judge may impose a stricter penalty depending on the circumstances.
If a CDL holder has a prior DUI conviction, including aggravated DUI or refusal of consent, the driver will have their license permanently revoked. Furthermore, CDL holders do not have their DUI convictions removed from their license after 10 years.
New Hampshire DUI Penalties
The penalties for DUI offenses are outlined in NH Revised Statutes § 265-A:18. A person convicted of a first offense is usually subject to less severe penalties than an offender with several convictions. In New Hampshire, first offense DUI penalties often depend on a range of factors, the majority of which are at the sole discretion of the judge.
First Offense DUI Penalties
A first offense DUI is considered a Class B misdemeanor in New Hampshire, which carries penalties that include:
- Fines of at least $500.
- License suspension ranging from 9 months to 24 months.
- License revocation, unless the driver completes the Impaired Driver Intervention Program within 45 days of conviction.
A driver will be required to submit an alcohol and drug abuse screening within 14 days of conviction, which may further require the completion of treatment and recovery plans. The court may also mandate the installation of an ignition interlock device in the driver’s vehicle.
Second Offense DUI Penalties
For a second conviction of a DUI (between 2 and 10 years), a person will be charged with a class A misdemeanor, resulting in harsher penalties such as:
- Fines of at least $750.
- If the second offense occurred within 2 years of the first offense, a mandatory sentence of not less than 60 consecutive days in a correctional facility is required with 30 days suspended.
- Drivers who can prove that their second offense did not occur within 2 years of the first offense may face a shorter sentence of 17 consecutive days in a correctional facility with 12 suspended.
Sentences can be suspended by scheduling a full substance abuse evaluation within 30 days of release, completing the required evaluation within 60 days of release, and complying with the developed service plan.
Third Offense DUI Penalties
If a person is convicted of a third DUI within 10 years of their prior convictions, they may face the following penalties:
- Fines of at least $750.
- Indefinite license revocation in which the convicted person may not petition for eligibility to reapply for a license for 5 years from the date of the conviction.
- Mandatory sentence of 180 days, 30 days of which must be served consecutively at a county correctional facility. Up to 150 days of the sentence may be deferred by the court in specific situations.
Fourth or Subsequent Offense DUI Penalties
A fourth or subsequent DUI is considered a felony in the state of New Hampshire and carries all the same aforementioned penalties. Additionally, the driver’s license will be revoked indefinitely and the individual cannot petition to have their license reinstated for 10 years.
Aggravated DUI Penalties
Under New Hampshire law, an aggravated DUI is considered a Class A misdemeanor. A person convicted of an aggravated DUI can expect fines of at least $750 as well as a mandatory sentence of 17 consecutive days (with 12 days suspended if the convicted person schedules a full substance abuse evaluation within 30 days of release, completes the required evaluation within 60 days of release, and complies with the developed service plan). The individual’s license may also be revoked for a period of 18 to 24 months.
DUI Resulting in Serious Bodily Injury
New Hampshire imposes harsher penalties for individuals convicted of a DUI causing serious bodily injury to others on the road. If someone is found guilty of a DUI resulting in serious bodily injury, they will be convicted of a class B felony.
If the conviction is a first offense, the driver may lose their driving privileges for a period of 18 months to 2 years and may incur fines of at least $1,000. The convicted driver may also face a mandatory sentence of at least 35 days in the county correctional facility, with a possible suspension of 21 days under the condition that a drug and alcohol abuse evaluation is scheduled within 30 days of release and completed within 60 days.
DUI Negligent Homicide
According to NH Revised Statutes § 630:3, negligent homicide occurs when a person unintentionally causes the death of another while driving under the influence of drugs or alcohol. A person found guilty of negligent homicide will be convicted of a class A felony, which carries harsh penalties including:
- Fines of up to $4,000.
- Prison sentence of up to 15 years.
- Driver’s license revocation for seven years, or even longer depending on the circumstances. After this period, the convicted driver may petition the court for permission to reapply for a license. Even if permission is granted to apply for a new driver’s license, the driver may be required to install an ignition interlock device in the vehicle for up to five years.
DUI Charges for Out-of-State Drivers
It is not uncommon for people to drive out of their home state for work or recreational purposes. Understanding how an out-of-state DUI works can be difficult, and requires in-depth knowledge of the rules and regulations surrounding this legal system.
Typically, when a person is charged with an out-of-state DUI, the process is governed by the Driver’s License Compact, an interstate system used by the majority of U.S. states to exchange information related to license suspensions and traffic violations.
For example, if a Vermont driver is arrested for driving under the influence in New Hampshire, the legal system in New Hampshire will inform Vermont of the arrest. The DUI will then be treated as if it had originated in the state of Vermont.
Collateral Consequences of Drunk Driving Convictions
When it comes to DUI convictions, the potential of unexpected collateral consequences is always present. Being convicted of driving under the influence involves more than fines and jail time; a conviction can have a resounding impact on other areas of your life.
Job & Work Restrictions
Having a DUI conviction can negatively impact job and employment opportunities, as well as interfere with a person’s ability to obtain or maintain a professional license. For example, medical professionals, educators, pilots, attorneys, and many other licensed professionals could be at risk of losing their license as a result of a DUI.
Additionally, a person convicted of a DUI may have trouble finding employment in the following areas:
- Ridesharing (Uber, Lyft, etc.)
- Commercial driving careers
- Military
- Government contractors
- Attorneys
- Medical professionals
- Teachers
Increased Insurance Rates
A DUI conviction can be expensive, and one of the subtle ways that individuals pay for their conviction is through increased insurance rates. Many times, insurance companies decide that someone with a drunk driving conviction is a risk to the roads and raise their rates in response.
Criminal Record
A drunk driving conviction is a criminal charge, which is a part of an individual’s criminal record. Depending on the circumstances, a DUI charge is considered a felony offense, affecting a person’s ability to own a firearm, travel to Canada, and even rent a car.
What Are the Most Common New Hampshire DUI Defense Strategies?
If you have been arrested for a DUI in New Hampshire, it is not necessarily a cause for despair. With the help of a quality defense lawyer who can protect your rights, there are several ways to defend your case.
Challenging the Traffic Stop
Challenging the legality of a traffic stop can be an effective DUI defense strategy. Police must have “reasonable suspicion” in order to make a traffic stop in New Hampshire. For instance, a police officer does not have reason to pull over a driver who is abiding by the rules of the road. If the driver is swerving between lanes or driving without headlights at night, the police officer has a valid reason to suspect that the driver may be intoxicated.
If the police officer did not have reasonable suspicion that an individual was driving under the influence, it could make the arrest illegal. If the officer stopped a driver without observing any signs of driving under the influence (or if the stop was made without any other legal justification), the case may be dismissed.
It is also important to note that police officers are required to follow certain procedures when performing a DUI investigation. If the officer failed to abide by the correct protocol during the stop or the arrest, this could be used to defend against the DUI charge. For example, if the officer failed to inform the driver of their rights or if evidence was mishandled, the prosecution’s case could be weakened.
Questioning the Breathalyzer and/or Field Sobriety Test
The breathalyzer is a crucial piece of evidence in the majority of DUI cases because it provides an objective measure of a driver’s BAC. Breathalyzer tests are not error-proof, however, and it is possible to challenge the results of a breathalyzer. Perhaps the breathalyzer device was not calibrated properly. Under New Hampshire law, breathalyzer devices must be consistently inspected to ensure accuracy, if the device is not properly maintained, it could render inaccurate results.
Field sobriety tests are also frequently used by law enforcement to determine if a driver has been driving under the influence. These tests may include walking in a straight line, standing on one leg, or following an object with your eyes. Field sobriety tests are not always reliable, as a range of other factors can impact the results of these tests. For instance, a person with a physical condition might have difficulty balancing on one leg or walking in a straight line, even if they have not consumed any alcohol.
Contact an Experienced New Hampshire DUI Attorney at
DUI charges can be daunting, but they do not have to be a defining chapter of your life. With a seasoned DUI attorney in New Hampshire in your corner, you can rest assured that the right DUI defense strategies are being used to reduce or dismiss your charges. If you have been charged with a DUI offense, contact our team of experienced attorneys at Friedman & Bresaw, PLLC at (603) 707-4800 to set up a free initial consultation and learn more about the right next steps for your case.
