New Hampshire considers driving under the influence (DUI) to be a crime, and one tool utilized by law enforcement to identify whether a motorist can safely drive is a Breathalyzer, which measures how much alcohol is present in a breath sample and helps the police to determine whether a motorist is operating a vehicle over the blood alcohol content (BAC) limit. Due to reliability and accuracy issues, some motorists may choose to refuse this test, opting instead for a blood test, but there are legal implications for doing so. Find out what happens when drivers refuse a Breathalyzer test in NH, understand the DUI penalties in NH, and discover how Friedman & Bresaw, PLLC can safeguard the legal rights of motorists; call (603) 707-4800 today to inquire about legal representation and speak with a dedicated New Hampshire criminal law attorney.
What Is the Implied Consent Law in New Hampshire?
RSA 265-A:4 outlines the implied consent law in New Hampshire, which aims to safeguard road users while helping the police identify impaired drivers. This legislation states that to acquire their driver’s license, motorists must agree to submit to breath, urine, or blood tests requested by law enforcement when stopped for a suspected DUI offense. In other words, by possessing a driver’s license, an individual has already agreed to take these tests.
Worth noting is that motorists can legally refuse these tests. However, such a refusal triggers automatic penalties, which may be as impactful as those linked to a driving under the influence conviction. This places motorists in a challenging position, who might be uncertain about whether they should submit to these tests or refuse.
What Happens if You Refuse a Breathalyzer in NH?
Refusing to submit to a Breathalyzer test in NH leads to an immediate driver’s license suspension, lasting for 180 days for first offenses and a maximum of two years for motorists with previous DUI convictions. This occurs irrespective of whether the motorist receives a DUI conviction. Many individuals can be severely impacted by this penalty as it can make it challenging for them to fulfill their family responsibilities, run errands, and travel to and from work, particularly in areas with limited public transportation.
How Does Refusing a Breathalyzer Test Impact DUI Charges?
When someone refuses a request from law enforcement to complete a Breathalyzer test, this does not mean that the individual can avoid DUI charges. The police may still charge a motorist with DUI based on alternative evidence, including their speech, behavior, or field sobriety test performance. Moreover, not agreeing to the test may actually allow a prosecutor to argue in court that the driver refused due to their awareness of being over the BAC limit, which can make it harder to effectively defend against a driving under the influence charge.
Learn more about what happens to drivers who refuse a Breathalyzer in NH, gain more information concerning the DUI penalties in NH, and discover how Friedman & Bresaw, PLLC may help motorists facing DUI charges with their legal defense. Contact our firm today to schedule an initial discussion with a knowledgeable New Hampshire DUI attorney.
Understanding Administrative License Suspensions
In NH, suspended licenses arising as a result of Breathalyzer refusal are administrative license suspensions, handled by the New Hampshire Division of Motor Vehicles (DMV). Post-refusal, motorists receive a suspension notice from the DMV and have a short window to ask for a hearing to dispute the suspension, and if the driver does not promptly request a hearing or if the DMV rejects the appeal, the suspension stands for the specified period.
Despite the potentially significant ramifications of refusing this test, challenging the driver’s license suspension is possible via a hearing, enabling motorists to present arguments and evidence against the suspension taking effect. For example, a driver may dispute that law enforcement officials had no valid legal reason to request that the driver pull over or suspect them of driving under the influence (probable cause), and if proven, this could lead to an overturned license suspension.
What Are the DUI Penalties in NH?
The penalties for DUI in NH depend on the severity of the charge and whether it is a first or subsequent offense. Here is an overview of these penalties:
- First conviction: An initial offense incurs a fine between $500 and $1200, leads to a license revocation spanning 9 to 24 months, and requires motorists to complete an impaired driver intervention program (IDIP) before reacquiring their driving privileges.
- Second offense: The penalties for a second DUI offense depend on the amount of time passed between this conviction and the original offense. If the second conviction occurs more than two years after the first, but within a decade, the motorist can expect a $750 to $2000 fine, a three-year license revocation, and a minimum jail sentence of 10 days. By contrast, if the subsequent offense took place within two years of the first, the penalties remain the same as a second conviction occurring within 2 to 10 years of the initial one, with the exception of the compulsory jail sentence, set higher at 30 days.
- Third offense: If a third offense occurs within a decade, the penalties include a fine ranging between $750 and $2000, an indefinite license suspension lasting for at least five years, a 180-day mandatory jail sentence, and the compulsory completion of a residential inpatient program (paid for by the driver).
- Fourth offense: Per the Merrimack Police Department, a fourth DUI conviction results in an indefinite license suspension (a minimum period of seven years), in addition to the same penalties as a third offense.
- Aggravated DUI: This is a more severe DUI offense compared to an initial offense, triggered by aggravating factors such as excessive speed and a very high BAC, with penalties of a $750 to $2000 fine, a license suspension lasting between 18 and 24 months, and a minimum jail sentence of 10 consecutive days.
Find Out More by Contacting an Accomplished New Hampshire Criminal Defense Attorney
The answer to whether a motorist should refuse to take a Breathalyzer test in New Hampshire depends on the person and their circumstances. Some individuals, particularly those close to the BAC limit, may want to refuse due to preferring a blood test, which is typically more accurate and reliable, whereas others might consider taking the Breathalyzer test, especially if they have consumed no alcohol whatsoever and greatly rely on having their driving privileges, since a refusal typically leads to an automatic license suspension. Understand more regarding the consequences for drivers who refuse a Breathalyzer in NH, acquire additional insight into the DUI penalties in NH, and explore how a New Hampshire criminal defense attorney might assist those facing driving-related charges; call Friedman & Bresaw, PLLC at (603) 707-4800 to arrange a case review.
