Facing driving under the influence (DUI) of controlled substances/alcohol charges can be a harrowing experience, particularly if a motorist lacks an awareness of their legal rights and what to do next. By learning about the common myths associated with DUI charges, drivers may understand how these charges actually work and their potential legal options. Explore the top five DUI myths in NH, and discover how a knowledgeable New Hampshire criminal defense attorney might assist individuals facing DUI charges; call Friedman & Bresaw, PLLC today at (603) 707-4800 to discuss your legal issues with a DUI lawyer in NH.
What Is the Harshest State for DUI?
While many consider Arizona to be one of the harshest states concerning DUI charges, particularly for first offenders, New Hampshire has strict driving under the influence laws designed to prevent drunk driving and the collisions that can occur from engaging in this behavior, which can endanger the lives of all road users. In addition to causing injuries and fatalities, impaired driving has other severe consequences, such as losing employment and incurring substantial costs linked to hospital care, emergency services, corrections, and adjudication, as outlined by the New Hampshire Department of Health & Human Services.
If convicted of DUI, also referred to as impaired driving or driving while intoxicated (DWI), motorists can expect a license suspension for a specific period, significant fines, and potential jail time. New Hampshire defines DUI as driving or trying to operate a device or motor vehicle that propels a person while taking alcohol, controlled drugs, prescription or over-the-counter medication, or chemical substances that impair a person’s driving ability; in terms of alcohol consumption, New Hampshire prohibits individuals from driving if their blood alcohol concentration (BAC) is 0.08% or higher (or 0.04% or higher for commercial drivers). Below is further information concerning New Hampshire DUI penalties.
License Suspension
Motorists who refuse to consent to chemical testing receive a 180-day license suspension for an initial offense and a two-year suspension for a second offense.
Ignition Interlock Device
Following conviction, and depending on the age of the motorist and whether this is a repeat or aggravated offense, a court might require a motorist to install an ignition interlock device in their vehicle for one to two years. According to the New Hampshire Division of Motor Vehicles, this device is effectively a Breathalyzer connected to the vehicle’s ignition system and prevents the motorist from using the motor vehicle unless they provide an alcohol-free breath sample.
DUI Penalties
An initial DUI offense is a class B misdemeanor, carrying penalties of a minimum fine of $500, a license suspension lasting between nine months and two years, the completion of a mandatory substance abuse assessment and impaired driver education program, and other sanctions. Consecutive DUI offenses (second and third) are class A misdemeanors that carry similar penalties as a first offense but with an increased minimum fine and license suspension, as well as mandatory jail time.
Aggravating Factors
Certain factors can result in a more serious charge known as aggravated DUI, which has harsher penalties compared to a first-time DUI offense. These factors include excessive speeding, evading law enforcement, transporting young minor passengers, driving a commercial vehicle, having a very high BAC (0.16% or higher), and causing a collision that severely injures another party.
Find out more about the common DUI myths in NH, and learn how Friedman & Bresaw, PLLC can aid motorists charged with driving under the influence, including assisting with preparing for court. Contact our firm today to speak with a seasoned DUI lawyer in NH.
Underage DUI
New Hampshire takes a zero-tolerance approach toward drivers aged under 21 with any measurable alcohol amount in their system (0.02% or higher), who can expect a DUI charge brought against them if caught and are likely to face arrest if they refuse to submit to chemical testing. Motorists who are younger than 21 with a BAC of 0.08% or greater typically face more severe penalties.
What Are the Main DUI Myths in NH?
When people rely on DUI myths, this can lead them to make inappropriate decisions when interacting with law enforcement, and due to New Hampshire having strict DUI laws, such actions can have lasting legal implications. Here are some of the common misconceptions regarding driving under the influence charges.
A DUI Is Merely a Traffic Offense
Some drivers believe getting arrested for driving under the influence is similar to receiving a traffic ticket. In reality, DUI is actually a crime that can have serious legal consequences, including a criminal record, loss of driving rights, potential jail time, and hefty fines.
Challenging BAC Measurements Is Not Possible
Law enforcement officials measure a person’s BAC, either by a Breathalyzer or chemical testing, to ascertain whether they are operating their vehicle under the influence of alcohol. However, Breathalyzer tests can be inaccurate due to faulty equipment, pre-existing medical conditions, or human error, and chemical testing may also produce inaccurate results depending on how law enforcement handles the sample.
Drivers Avoid DUI Charges if Under the BAC Limit
Many motorists think if their BAC is below 0.08%, the police cannot charge them with DUI; however, law enforcement may still charge drivers if they believe them to be even slightly impaired. This means a police officer might still arrest a motorist for having a single alcoholic drink if they exhibit signs of not being able to safely drive, like not passing field sobriety tests or swerving.
Motorists Can Sleep in Their Cars To Avoid DUI Charges
An intoxicated driver may assume that they can just sleep in their vehicle until they are sober enough to drive. But, even if a vehicle is stationary, a driver under the influence of alcohol or another substance may still face DUI charges if in physical control of the motor vehicle. Factors such as whether the vehicle was running, where the individual was sitting, and the location of the keys can all impact whether law enforcement and the courts believe the driver had control and intended to drive; in light of this, it is far safer for impaired individuals to avoid going near their vehicles entirely and instead consider other options, such as utilizing public transport or taxis, staying in a hotel, or asking a family member or friend to transport them.
Only Poor Drivers Get Charged
Another DUI charge myth relates to BAC test results mattering less compared to driving performance due to regular drinkers having a high tolerance to alcohol. The truth, however, is that such a tolerance does not safeguard motorists from prosecution. Law enforcement can prosecute anyone at the threshold or just above it, and the police are unlikely to let motorists off who fail Breathalyzer/chemical tests on the basis of being seasoned drinkers and effective drivers.
Learn More by Contacting an Experienced DUI Lawyer in NH Today
Plenty of misinformation regarding DUI charges exists, often stemming from media and ill-informed friends and family, which can confuse motorists and exacerbate their situation if charged with driving under the influence. Learning the truth about DUIs ensures drivers can safeguard their driving privileges and rights if stopped by the police. To understand the DUI myths in NH in greater detail, consider contacting an experienced DUI lawyer in NH; call Friedman & Bresaw, PLLC at (603) 707-4800 to continue this discussion with a New Hampshire criminal defense lawyer.
