An arrest for Driving Under the Influence in New Hampshire means that you are now facing some severe penalties if you are convicted. Not only have you had to go through the traffic stop, field sobriety tests, being arrested, taking a Breathalyzer test and posting bond, but your driver’s license will also soon be suspended –- even before a conviction. An experienced, knowledgeable attorney can provide advice during this difficult time and help you as you build a strong defense against the charges.
The blood alcohol concentration limit in New Hampshire is .08 percent; however, an officer may charge someone with DUI if he or she has a BAC of .03 percent or higher if the officer believes that the driver is impaired. If a driver has a BAC of .16 percent or higher, he or she will likely be charged with aggravated DUI. That charge can also be levied against a driver if he or she is responsible for serious injuries or death in an accident in which he or she was driving under the influence.
If you are convicted of a first-time DUI, you will have certain time limits to complete various programs. Some of these could help you get a reduction in your driver’s license revocation requirements. For example, you have 14 days to complete an Impaired Driver Care Management Program. If the results of the screen are negative, then you must complete a Weekend Impaired Driver Education Program or an Impaired Driver Education Program. However, if the screening is positive, you will have 30 days to complete a full substance use disorder evaluation. If you do not complete any of the above steps, then your driving privileges will not be restored until you complete an Impaired Driver Care Management Program.
Other penalties include:
After one year, a motion may be filed to reduce the DUI conviction to a violation.
The penalties for aggravated DWI are more severe than for a first offense. Those penalties include:
Depending on how the charge is filed, you could be facing a misdemeanor or a felony offense. For those facing a Class B Felony, the possible penalties include:
As you can see, the penalties for DUI or DWI in New Hampshire can vary greatly depending on how the offense is charged. An experienced, knowledgeable attorney can provide valuable advice as your case makes its way through the criminal justice system.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.