DUI & DWI in New Hampshire
Hiring a New Hampshire DUI attorney doesn’t guarantee that you’ll have your criminal sentence minimized or get off the hook, but it sure may help and it’s worth the phone call. After all, a DWI conviction will change your future.
We’ll help you by summarizing:
- New Hampshire DWI Laws – DUI Laws
- New Hampshire DWI Punishments
- Potential DWI Defenses
- New Hampshire’s Other Drunk Driving and Alcohol Laws
- How to Find a New Hampshire DUI Defense Lawyer
When is a Driver Considered to be Legally Drunk in New Hampshire?
New Hampshire drunk driving laws are found in The State of New Hampshire Revised Statutes.Often, drunk driving is determined by measuring a driver’s blood alcohol content (BAC). If you’re over these limits, you’ll be arrested.
- .08
- .02
- .04
If you’re a non-commercial driver, age 21 or older, the danger zone BAC is .08 or higher; if you’re under age 21, you’re driving drunk if your BAC is just .02 or higher; and, if you’re a commercial driver – which includes school bus drivers – you’ll be arrested if your BAC is .04 or higher.
What is New Hampshire’s Punishment for DUI Convictions?
If your OWI arrest sticks and you’re convicted, you could lose your livelihood, good reputation, driver’s license, and sense of wellbeing. As you’ll see below, you could also go to jail and pay a hefty fine.
- 1st DUI Conviction: Fine of at least $500- loss of commercial license – loss of regular drivers license for 9 months to 2 years- impaired driver intervention class – alcohol treatment and counseling – random testing.
- 2nd DUI Conviction within 10 Years: Up to 1 year in jail – fine of at least $750 – loss of commercial license – loss of regular drivers license for 3 years – impaired driver intervention detention – alcohol treatment and counseling – random testing – ignition interlock.
- 3rd DUI Conviction within 10 years: All 2nd DUI penalties +at least 180 days in jail – driver’s license revoked permanently – 28 days in residential treatment or substance abuse treatment.
New Hampshire Drunk Driving Defenses
Many people who are arrested for DUI are not convicted. Here are some defenses to consider. Your New Hampshire DUI defense attorney will analyze your case and let you know if the below defenses or other defenses apply in your case.
- Was the original traffic stop proper?
- Did the police officer have the right to stop you?
- Was the BAC testing proper?
- Were proper arrest and detainment procedures followed?
- Were protocols followed?
- Were there any reversible errors at your trial?
New Hampshire’s Other Drunk Driving and Alcohol Laws
New Hampshire’s Dram Shop Law
If a licensed drinking establishment negligently or recklessly serves alcohol to an underage or intoxicated person and injury results, financial compensation can be successfully sought (by the underage or third party persons).
New Hampshire’s Providing Alcohol to Underage Persons Law
Wow! Look at these penalties.
If an individual provides an individual under age 21 with alcohol, he or she faces up to a year in jail and a fine up to $2,000.
If a licensed drinking establishment provides an individual under age 21 with alcohol, a fine up to $100,000 (this is not a typo) can be levied. Additional penalties include suspension of liquor license and fees.
How to Find a New Hampshire DUI Attorney
To find a New Hampshire DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
