If you’ve had too much to drink and decide to sleep it off in your car instead of driving home, it might seem like the safe and responsible thing to do. But in New Hampshire, that decision can still lead to a DWI (Driving While Intoxicated) charge.
The law doesn’t always require that the vehicle be in motion for someone to be arrested for impaired driving.
This post explains how New Hampshire law works in these situations and what factors determine whether a sleeping driver can be charged with DWI.
What Is a DWI?
Because driving while intoxicated can lead to serious injury on the part of the driver, passengers, or others on the road, the charges can also be serious and can have effects reaching far into the future.
A DWI charge can range in severity, but it is always good to be informed of your rights. You can contact a DWI lawyer at any time to learn more or to begin building your case if you feel you were wrongfully arrested for DWI. One such instance could be sitting or sleeping in your car while intoxicated.
While it is not illegal to sit or ride in a car while intoxicated, concerns may arise over the presence of an intoxicated individual if that individual is in control of or in the driver’s seat of a vehicle. A DWI (or DUI) charge involves an intoxicated individual being in physical control of a motor vehicle.
In this case, there may not be sufficient evidence to prove you were not previously in control of the vehicle while intoxicated.
What Are Sobriety Tests?
Police officers must suspect intoxication for an individual to be arrested for DWI. There are several ways an officer may seek to prove intoxication, and these often come in two main types of tests.
The first type is a Standardized Field Sobriety Test (SFST), which might include tests to check for symptoms of intoxication before an arrest occurs.
The second type is a chemical sobriety test, which may be required either before or upon arrest and can include a breathalyzer, blood, or other kinds of tests.
What Are the Penalties For Being Arrested For DWI in New Hampshire?
The penalties for being arrested for DWI can range depending on several factors, including the circumstances of the arrest.
The penalties for being arrested for DWI are outlined in New Hampshire Revised Statutes Section 265-A:18 and specify the differing charges that can result from being arrested for DWI.
Being charged with an aggravated DWI or a history of DWIs may also result in greater charges and penalties than other DWIs. Multiple offenses often result in greater penalties than first-time offenses.
The penalties for being arrested for DWI may include fines, motorist education programs, license suspension, and license revocation. Further screening may also result in additional requirements and penalties, and may affect the strategies employed by lawyers when handling the case.
What Is An Aggravated DWI?
An aggravated DWI is a more serious charge than the standard DWI. Additional information about aggravated DWIs can be found in New Hampshire Revised Statutes Section 265-A:3.
You may be charged with aggravated DWI as a result of any of the following factors (or a combination of these factors):
- If a minor under sixteen is present in the vehicle
- If the driver’s BAC (Blood Alcohol Content) is over 0.16%
What Are the Penalties For An Aggravated DWI in New Hampshire?
An aggravated DWI is considered a class A misdemeanor. The charge can result in jail time ranging from five days to a full year.
Requirements may include enrollment in a substance abuse program, driving probation, license suspensions, an increase in insurance premiums, and additional fines.
Additionally, if an accident occurs that results in severe bodily harm, an aggravated DWI may be considered a class B felony.
What Happens If You’re Arrested While Sleeping in Your Car in New Hampshire?
If an officer decides that you were in actual physical control of the vehicle while under the influence, you can be arrested for DWI.
After the arrest, you may be asked to submit to a breathalyzer or other chemical test. Refusing can result in license suspension under New Hampshire’s implied consent laws.
For a first offense, penalties may include:
- A fine of at least $500
- Mandatory alcohol and drug abuse screening
- License suspension for a minimum of nine months, up to two years
- Required DWI education program
If aggravating factors are involved, such as a very high blood alcohol concentration or a prior offense, the penalties can be more severe.
Should You Sleep It Off in Your Car in New Hampshire?
While the intention to avoid driving drunk is good, sleeping in your car can carry risks under New Hampshire law.
Even if you’re just trying to avoid putting others in danger, choosing to sleep in the driver’s seat, especially with the engine running or the keys nearby, may still result in a DWI charge.
It’s generally safer to find another option, call a rideshare, stay with a friend, or ask someone sober to drive. These choices are far less risky legally and can prevent unintended consequences.
Contact a New Hampshire Lawyer Today to Ensure Your Rights Are Protected
A DWI arrest, even while sleeping in your car, can lead to significant legal consequences. Legal representation can help review the facts of the case, assess the strength of the prosecution’s argument, and explore possible defenses.
The goal is to mitigate the impact of the charge or, when possible, challenge it entirely. Trying to figure out the law as well as your rights can be difficult and cause undue stress, but we can help.
If you have additional questions, concerns, or wish to contact a lawyer, you can contact one of our experts at Naro Law at (603) 212-9480 today and book a free consultation to learn about your rights and begin building your case.
