Drunk driving is a phrase you have likely heard most of your life. The dangers of it, the reasons not to do it, and the signs of it have been repeated to most people since they started driving or even before. Even so, people make mistakes. Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) can be scary and confusing, whether it is the first offense or the third. Understanding what happens on a first, second, or third DUI offense can make it a little less scary and make it easier for you to determine what you will need to do to continue living your life with as little disruption as possible. If you have been charged with DUI, one of our experienced New Hampshire DUI attorneys at Friedman & Bresaw, PLLC may be able to assist you. Call (603) 707-4800 to schedule a consultation and review the legal options available to you.
What Is the Difference Between DWI and DUI?
A DUI is driving under the influence and is the term that many people use to refer to drunk driving. A DWI is driving while intoxicated and is the legal term that the state of New Hampshire uses when charging someone with drunk or drugged driving. DUI and DWI are different words that mean the same thing. New Hampshire classifies all DWI and DUI offenses as crimes rather than traffic violations.
Most people associate being charged with a DWI or DUI offense is just drinking alcohol and driving. However, it also applies to drugs. Moreover, it is not just illegal drugs, but also over-the-counter and prescription drugs if they impair the individual’s ability to drive.
What Kind of Evidence Is Used To Charge You with DUI?
Many people are familiar with the concept of a breathalyzer test, using the amount of alcohol on the breath to determine if someone is legally drunk. This is one method law enforcement uses to arrest and charge someone with DUI. With this method, a driver can be charged with DUI if their blood alcohol content (BAC) is 0.08% or higher. If the driver is under the age of 21, this limit is a much stricter 0.02%. For drivers with a commercial license, the limit is also stricter at 0.04%. For any driver, if their BAC is 0.16% or higher, the charge becomes aggravated and comes with enhanced penalties. Other methods of getting the driver’s BAC include blood and urine testing. Blood and urine testing are also used to determine if the driver is impaired by drugs. Breath, blood, and urine testing are collectively referred to as chemical testing.
If a driver is under the legal limit using chemical testing, or if the driver refuses chemical testing, there are other forms of evidence that may be used to arrest and charge the driver with a DUI, including:
- The smell of alcohol on their breath or a strong odor of mint from mouthwash or breath mints
- Slurred words, rambling, or losing their train of thought
- Open alcohol containers or drug paraphernalia within the driver’s reach or in the main part of the vehicle
- Video of the driver failing field sobriety tests
- Red or bloodshot eyes
- Testimony from the officer
- Careless driving such as crossing lane lines, driving well below the speed limit, or parking far from the curb or only partially in a parking space
- Balance issues such as stumbling or swaying
- Involuntary eye movements
- Inability to follow the conversation with the officer
- Flushed face
- Slowed reactions
Some of these signs (such as bloodshot eyes or balance issues) can also be indications of other things, such as sleep deprivation or a medical condition. If the driver’s BAC was below the legal limit, a skilled DUI attorney with Friedman & Bresaw, PLLC may be able to argue that they were not impaired but that the signs were caused by something else.
What Happens on a First DUI Offense?
Per RSA 265-A:18, a first DUI offense is usually a Class B misdemeanor. If convicted, the driver will pay a minimum $500 fine plus a penalty assessment of $120 for a total of $620. They will also have a mandatory court-ordered license suspension of at least 9 months but up to two years, plus an administrative license suspension if they refuse a chemical test or submit a chemical test that was over the legal BAC limit by the New Hampshire Department of Safety unless they request a hearing within 30 days of the arrest. The administrative license suspension begins at the time of arrest.
Additionally, drivers who are convicted must submit to alcohol and drug abuse screening within 14 days of their conviction and pay all the fees associated with this screening. Depending on the results of that screening, they may be required to submit to a full substance use disorder evaluation within 30 days of conviction. They must also complete an impaired driver education program (IDEP) plus any recommended follow-up counseling indicated. Compliance with completing the IDEP may reduce the license suspension by six months. The court may also order random drug or alcohol testing. There is usually no jail time for a first offense unless there are aggravating factors.
What Happens on a Second DUI Offense?
Second and subsequent DUI offenses are Class A misdemeanors. On a second DUI offense, the driver will have an administrative license suspension of two years. The full substance abuse evaluation and compliance with recommended treatments required in the first offense is also required in the second offense. Additionally, there is jail time associated with a second conviction. If it is within two years of the first conviction, the driver faces a 60-day jail sentence, with the possibility of 30 days being suspended if they comply with the evaluation and treatments. If it is more than two years but less than 10 since the first conviction, the jail sentence is a minimum of 17 days, with a possibility of 12 days being suspended if they comply with the evaluation and treatments.
There is also a three-year court-imposed license loss. A $750 fine plus a penalty for a total of $930 will also need to be paid. All fines and fees must be paid, and any treatments required by the substance abuse screening must be completed before the individual’s driving privileges are reinstated. When the driver’s driving privileges are reinstated, they will also be required to install an ignition interlock device in their vehicle.
What Happens on a Third DUI Offense?
If a driver is convicted of a third DUI offense, it is another Class A misdemeanor. The administrative license suspension lasts two years, and the court-ordered license suspension is indefinite with a minimum of five years. Drivers can petition for reinstatement of their driving privileges after five years. Additionally, there is a mandatory jail sentence of 180 days, with the possibility of 150 days being suspended based on the outcome of the substance abuse evaluation and follow-up treatments.
When Does a DUI or DWI Become a Felony?
A first, second, and third DUI are all misdemeanors. However, a fourth DUI offense is classified as a felony. In addition to many of the same penalties as the first three offenses, a fourth DUI will result in an indefinite license suspension with the driver only able to petition for driving privileges after seven years.
Per RSA 265-A:3, an aggravated DWI can be a felony if the driver causes an accident that causes serious injury or death and also:
- Was driving more than 30 miles per hour over the speed limit; or
- Was carrying a passenger aged 16 or younger; or
- Was driving a vehicle with a gross combination weight of 10,001 or more; or
- Attempted to elude policeF
How Can a New Hampshire Criminal Attorney Assist You?
DUI and DWI crimes are serious offenses, even when they are misdemeanors. But they do not have to be a defining chapter of your life. With the assistance of a knowledgeable New Hampshire DUI attorney, you may be able to get the charges reduced or eliminated, negotiate a plea agreement, or review defense options. If you have been charged with a DUI offense, contact Friedman & Bresaw, PLLC at (603) 707-4800 to schedule a consultation and learn more about what happens next in your case.
