Consuming alcohol has a negative impact on a person’s ability to drive safely, which is why New Hampshire limits how much alcohol a driver can drink before operating a motor vehicle. Blood alcohol content (BAC) is a metric used to determine the amount of alcohol in an individual’s body, and this measurement can vary depending on how many alcoholic drinks a person has consumed, how quickly the individual consumes the drinks, an individual’s age, diet, and weight, and how efficient someone’s metabolism is. Learn about the DUI law in NH, including BAC limits in New Hampshire, and find out how Friedman & Bresaw, PLLC can assist those facing DUI charges with challenging BAC measurements; call our team today at (603) 707-4800 to discuss your legal queries with a dedicated New Hampshire criminal law attorney.
BAC Limits in New Hampshire Explained
Per the American Addiction Centers, blood alcohol concentration refers to the metric utilized for measuring the level of alcohol in an individual’s bloodstream. Generally, someone’s liver can process a standard alcoholic drink (containing 0.6 ounces of ethanol) per hour, equating to a 1.5-ounce serving of 40% ABV liquor, a 5-ounce serving of 12% ABV wine, an 8-ounce serving of 7% ABV malt liquor, or a 12-ounce serving of 5% ABV beer. In addition to the amount of alcohol consumed, other factors impact BAC levels, including a person’s genetics, gender, drinking patterns, and weight.
Depending on a person’s BAC level, they can experience numerous impairments, making it challenging for them to drive a motor vehicle safely, including slowed reflexes, loss of physical coordination, slurred speech, reduced reaction time, balance, and hearing, blackouts and memory issues, vomiting and nausea, blurred vision, passing out, blood pressure, breathing, and heartbeat irregularities, poor reasoning and judgment, and confusion and disorientation. Across the United States, including in New Hampshire, there are legal limits concerning a driver’s BAC level. The reason these limits exist is that they are a reliable method of identifying driver impairment, allowing law enforcement to simply charge those who exceed the limit rather than relying on demonstrating physical impairment.
How Do You Read BAC Levels?
Several methods of determining an individual’s BAC level exist, with the main ones including a Breathalyzer test and a blood alcohol concentration/content (BAC) test. According to MedlinePlus, BAC tests measure the level of alcohol present in blood samples, typically taken from a vein in a person’s arm at a medical clinic or hospital, using forensic methods such as headspace-gas chromatography coupled with flame ionization detection or mass spectrometry; they can efficiently and accurately detect the precise amount of alcohol consumed by a person over the last 12 hours when taken and managed correctly. A quicker but less reliable and accurate method (prone to contamination from residual mouth alcohol and recent alcohol consumption) involves utilizing a Breathalyzer, which measures an individual’s breath alcohol content after they blow into the device, commonly used by the police when making traffic stops.
If a motorist refuses to consent to a blood or breath test in NH, this typically leads to an automatic license suspension, regardless of whether they receive a DUI conviction. This is due to implied consent laws, which state that drivers agree to take these tests in exchange for obtaining driving privileges.
What Is the DUI Law in NH?
If someone operates a motor vehicle under the influence of drugs (such as prescription and over-the-counter medications and illegal drugs), alcohol, or both, they may face a DUI charge in NH. This is due to these substances impairing an individual’s driving ability, preventing them from operating the vehicle safely. Importantly, law enforcement officials may still charge someone with DUI when their BAC is below the legal limit if they believe the motorist cannot drive safely due to the effects of drugs or alcohol.
In New Hampshire, DUI convictions result in different penalties, depending on whether the motorist has previous convictions or if it is their first offense, whether the driver had passengers in the vehicle, whether the motorist caused a collision, and what their BAC was when arrested. First-time convictions typically result in a driver’s license suspension, fines, the installation of an ignition interlock device, and compulsory participation in drug/alcohol education programs, whereas subsequent convictions have stricter penalties, including higher fines, extended license suspensions, vehicle seizures, longer drug/alcohol treatment programs, and compulsory jail sentences. A DUI charge, which is usually a misdemeanor, can become a felony in the event of a motorist causing an accident resulting in a person’s injury or death, leading to more severe penalties, like longer prison sentences, indefinite license suspensions, and substantial fines; find out more regarding the DUI law in NH, learn extra information about BAC limits in New Hampshire, and discover whether an experienced New Hampshire DUI lawyer can help drivers charged with driving under the influence by contacting Friedman & Bresaw, PLLC.
What BAC Level Is Over the Limit?
New Hampshire law prohibits motorists from operating vehicles under the influence of alcohol or drugs. In terms of alcohol, the law states that the BAC limit for motorists aged 21 and over is 0.08% or greater, but for drivers aged under 21, the threshold is 0.02%, designed to dissuade underage drunk driving; those under the age of 21 convicted of a DUI can expect a compulsory alcohol education program, community service, license suspension, and potential jail time if they caused an injury or death. Holders of commercial driver’s licenses operating commercial vehicles face tighter limits, set at 0.04%, and if a motorist has a BAC of 0.16% or more, they may face an aggravated DUI charge, which carries more severe penalties compared to other DUI charges, including compulsory jail sentences, hefty fines, increased license suspension periods, and a lasting criminal record.
Identifying whether a person is under the influence of a drug other than alcohol, such as marijuana, is possible via blood tests but is not always reliable due to traces staying in the body for prolonged periods, hence why there is no specific limit for them, making it challenging for prosecutors to demonstrate a motorist was driving under the influence of these substances. That said, any motorist caught transporting a controlled drug can expect a minimum license suspension of 60 days, irrespective of impairment, in addition to other criminal penalties.
Challenging BAC Tests
While highly accurate, it is still possible to challenge BAC tests if the lab performing the test fails to follow the strict regulations governing the handling of blood samples. Incorrectly processed, packaged, or stored blood samples can damage them, leading to false BAC readings. Alongside this, motorists may challenge Breathalyzer results, as inaccuracy can arise due to improper calibration and administration or equipment malfunctions.
Discuss This Topic Further With a Seasoned New Hampshire Criminal Defense Attorney
Generally, the BAC threshold for drivers in New Hampshire is 0.08%, although the blood alcohol concentration limit for aggravated DUI is higher and there are lower limits for younger drivers and operators of commercial vehicles. To avoid DUI/DWI charges, motorists can benefit from understanding blood alcohol content limits and the other elements that constitute a DUI offense. Discuss the subject of BAC limits in New Hampshire in greater detail, understand more concerning the DUI law in NH, and find out how Friedman & Bresaw, PLLC might help motorists charged with DUI formulate an effective defense strategy; call (603) 707-4800 to arrange an initial consultation with a knowledgeable New Hampshire criminal defense attorney.
