Drunk driving claims the lives of drivers nearly every day across America. According to the National Highway Traffic Safety Administration (NHTSA), approximately 37 people are killed in drunk driving accidents every day. Due to these grave consequences, New Hampshire has created l policies to help mitigate the damage caused by DUIs in the state. This unfortunately has resulted in law that are quite inflexible and sometimes produce unfair results.
Because of the addictive nature of alcohol, it is not uncommon for 1st DUI offenders to become repeat offenders. To prevent more intoxicated drivers on the roads in New Hampshire, the government levies stricter punishments for 1st DUI, 2nd DUI, and 3rd DUI offenses. Understanding the varying levels of fines and potential incarceration for DUI offenses may help clarify the consequences of a 1st DUI, 2nd DUI, or 3rd DUI case.
A skilled DUI attorney from Naro Law may be able to help evaluate a case and provide a defense strategy for those accused of a DUI offense. Consider scheduling a consultation by calling the offices today at (603) 212-9480.
What is a DUI in New Hampshire?
When it comes to DUI offenses, understanding the legal terminology can help determine what is and is not a DUI. This can become particularly complicated with multiple terms for driving under the influence all in use, such as drunk driving, DUI, DWI, DWAI, or OWI. Fortunately, New Hampshire has very straightforward definitions for these terms.
New Hampshire does not differentiate between DUI and DWI, both of which may be considered drunk driving. Additionally, the state does not employ terms such as OWI or DWAI as other states do. This means that New Hampshire does not offer reduced sentences for DWAI offenses as states like New York do. All drunk driving offenses are classified under the state’s DWI laws.
New Hampshire DWI Laws
New Hampshire has several detailed drunk driving laws under New Hampshire R.S.A. § 265-A:18. These laws outline what is considered a DUI offense, what the minimum punishment is for a DUI conviction, and the escalating charges for 1st DUI, 2nd DUI, and 3rd DUI offenses. Understanding the rules and guidelines surrounding a DUI may help clarify what charges may be in play.
The basic ground rules for DUI convictions are outlined in the legal limit and the nature of DUI convictions. In New Hampshire, all DUI offenses, whether they are 1st, 2nd, or 3rd DUI offenses, are considered criminal in nature. This means that a DUI offense will go on a permanent criminal record and may lead to certain fines and potentially jail time. Additionally, the state legal limit is more than 0.08% BAC. If an individual’s blood alcohol exceeds this limit, they may be guilty of a DUI offense.
For more information on 1st DUI, 2nd DUI, and 3rd DUI offenses in New Hampshire, consider speaking with a skilled DUI attorney from Naro Law.
Penalties for Impaired Driving Offenses
The penalties for repeat DUI offenses increase incrementally, which means that multiple DUI convictions could lead to increased challenges in the future. Having a DUI on one’s criminal record can be challenging, but repeat offenses may bring heftier fines, increased restrictions on driving privileges, and potentially incarceration. Understanding the penalties for 1st DUI, 2nd, DUI, and 3rd DUI offenses may shape the nature of a DUI case.
1st DUI Offense
1st DUI offenses are considered class B misdemeanors by New Hampshire, and they may warrant fines of no more than $1,200 and no less than $500. However, the more significant and potentially detrimental consequence of a 1st DUI is the revocation of a driver’s license. The court may revoke the license of a 1st DUI offender for no less than 9 months, and no more than 24 months. This means, depending on the severity of the case, a driver’s license could be revoked for up to two years. However, this period may be reduced if the driver is willing to submit to Impaired Driver Intervention Programs.
2nd DUI Offense
2nd DUI offenses are considered class A misdemeanors, which may mean greater fines and higher charges. Fines for 2nd DUI offenses can vary between $750 and $2000, and the driver may be required to complete a substance use disorder evaluation. This may also include a treatment plan provided by the relevant department, and a driver may not have their driving rights restored until completing this plan. Assuming the driver completes their treatment plan, their driving rights may not be restored until after three years have passed. Drivers convicted of a 2nd DUI offense may also face up to sixty days in prison.
3rd DUI Offense
A 3rd DUI offense is also considered a class A misdemeanor and may include all previous penalties for 1st DUI and 2nd DUI offenses. However, in the case of 3rd DUI offenses, the individual’s license may be revoked indefinitely and for no less than five years. To restore driving rights after the mandatory five years have passed, the driver may need to reapply for a driver’s license. Those convicted of a 3rd DUI offense may also face no less than 180 days in prison, and potentially more depending on the details of the case.
Frequently Asked Questions
Below are some frequently asked questions regarding DUI arrests and convictions.
What is the Difference Between DUI and DWI?
There is no legal difference between driving under the influence (DUI) and driving while intoxicated (DWI) in New Hampshire. Both terms refer to the same convictions and sentences.
What Evidence is Used for a DUI Conviction?
Evident signs of intoxication such as slurred speech, the smell of alcohol, the presence of open containers of alcohol, red or bloodshot eyes, and slowed reactions may all contribute to a case against a drunk driver. Additionally, standardized field sobriety tests such as the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tests may contribute to evidence against a driver. In some cases, their State may also have evidence from the results of a breathalyzer test or blood test.
Speak With a Skilled New Hampshire DUI Attorney
DUI convictions, whether they are 1st DUI, 2nd DUI, or 3rd DUI offenses, can easily become a shackle on individuals trying to move forward. Revocation of licenses as well as potential jail time can all be intimidating sentences. However, a skilled New Hampshire DUI defense attorney from Naro Law may be able to evaluate a DUI case, represent their client in court, and advocate for reduced sentences. For more detailed information, consider scheduling an initial consultation by calling the offices at (603) 212-9480.
