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Drunk Driving Laws New Hampshire

According to drunk driving laws of New Hampshire, both DUI, as well as, DWI refers to the same thing, i.e. driving a vehicle while under the influence of intoxicating drugs or liquor. In other words, both of them refer to the same thing in the state of New Hampshire.

According to the drunk driving law of the state, there can 4 types of DUI/DWI charges, which may be slapped against the accused. These are Aggravated DWI, DWI, DWI wherein subsequent offense can be a 2nd, 3rd, or 4th offense, and Felony Aggravated DWI.

A driver in New Hampshire can be charged for a DUI or DWI for attempting to drive or driving:

  1. When the BAC or alcohol content in the blood is a minimum of .08 percent, or
  2. When the driver is “under the influence” of any kind of synthetic or natural substance, which impairs the driver’s ability to drive and includes prescribed drugs, alcohol, over-the-counter drugs, and controlled substances.
drunk driving laws

Punishment for drunk driving in New Hampshire

According to the DUI laws of the state of New Hampshire, the punishments for being convicted of a DWI charge or drunk driving include fines, jail, and license suspension. The punishments are based on how many previous convictions the offender has, which have taken place within the past 10 years in New Hampshire.

First-time offense

While the first-time offender is not served a prison term, he/she has to pay a fine between 500 USD and 1,200 USD. The license of the convicted driver is suspended between 9 months to 1 year.

Second-time offense

The convicted has to serve a prison term between 17 days and 12 months for a second-time offense. The jail term is for at least 2 months when the prior offense is committed within the last two years. The offender has to also pay a fine amount between 750 USD and 2, 000 USD. The license for the convicted is suspended for 3 years.

Third-time offense

According to New Hampshire drunk driving law, when the offense is committed for the third time, the convicted is penalized with a prison term between 180 days and 12 months. The license of the offender is revoked for a lifetime and there is a fine between 750 USD and 2,000 USD.

Aggravated DWI

A motor driver can face more stringent punishments for drunk driving when the following factors are present with the DWI:

  1. The driver was operating the vehicle at 30 m/h or even more than that speed over the stipulated speed limit
    The motor driver caused an accident that led to a severe physical injury
  2. The alcohol content in the blood of the driver was at least .16 percent
  3. There was a passenger whose age was less than 16 years in the car, or
  4. The driver made an attempt to evade law enforcement
aggravated DWI

The state considers an aggravated DWI as a misdemeanor of Class A. The offense is penalized by a fine between 750 USD and 2,000 USD and a prison term of 5 days to 12 months. When the offense also includes severe physical injury, the DWI is regarded as a felony of types Class B. The penalty in such a scenario will be a fine between 1,000 USD and 4,000 USD and a prison term between 2 weeks and 7 years.

Commercial drivers

In New Hampshire, when a driver is charged with a DWI while driving a commercial vehicle, they can face more severe punishments. Also, they are subject to a BAC limit of .04 percent.

If you are accused of charges of DWI or DUI in the state of New Hampshire, make sure to visit a good criminal defense attorney so that your case can be represented in the court well.

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