Like other states, New Hampshire strictly forbids drivers in
the state to drive while under the influence of drugs, alcohol or a combination
of both. This state uses the acronym of DWI or Driving While Intoxicated to
denote this offense. It carries with it a variety of legal and civil penalties
that drivers can find difficult to afford.
People who plan on taking to the roadways in New Hampshire
need to be aware of the set blood alcohol content or BAC levels. They also need
to realize what the legal consequences are for being found guilty of DWI in New
Hampshire.
DWI in New Hampshire
New Hampshire uses the same per se definition for DWI as
other states. It sets the BAC for driving while intoxicated in the state at
0.08 percent or higher. This standard applies to drivers who are 21 years of
age and older and who drive privately owned vehicles like cars, motorcycles and
even recreational vehicles like mopeds.
However, the state also extends the definition to being
under the influence of substances like:
- Alcohol
- Prescription
drugs - Controlled
substances - Over-the-counter
medications like cough syrups or painkillers
All of these substances can impair a driver’s ability to safely
operate a vehicle.
Further, the BAC for commercial drivers in New Hampshire is
lower at 0.04. CDL drivers at or above this BAC can be arrested for DWI.
Underage drivers, those who are under the age of 21, can be arrested if their
BACs are at 0.02 percent or higher.
New Hampshire also has a separate definition for aggravated
DWI. A driver can be charged with an aggravated DWI if he or she meets criteria
like:
- Having
a BAC over 0.16 percent - Exceeding
the speed limit while driving intoxicated by 30 miles per hour or more - Causing
a collision that results in serious bodily injury or death - Causing
a collision that results in serious bodily injury or death - Attempting
to elude law enforcement by increasing speed, turning off the headlights
or abandoning the vehicle - Having
a passenger under the age of 16 in the vehicle
An aggravated DWI is met with harsher penalties than a
standard DWI charge.
DWI Penalties in New Hampshire
Judges in New Hampshire use a variety of punishments to discourage drivers from driving while intoxicated. A first DWI conviction in the state can result in a fine of $500 to $1200 and a suspended license for nine months to two years. First-time offenders do not receive jail time unless they are charged with an aggravated DWI.
A second DWI conviction results in 17 days to one year in
jail or a minimum of 60 days if the person’s last DWI occurred within two
years. The fines increase to $750 to $2000, and the person’s license can be
suspended for three years.
A third DWI leads to 180 days to one year in jail and a fine
of $750 to $2000. His or her drivers’ license can be revoked for a lifetime.
The judge also has the option of suspending an offender’s
jail sentence in favor of probation. The probationary period lasts for two
years during which the offender must complete an alcohol and drug evaluation.
He or she must also serve a minimum of five days for a second DWI, 14 days if
the offender has a prior DWI within the last two years, and 30 days for a third
DWI.
Underage DWI in New Hampshire
Underage drivers are categorized as those who are under the
age of 21 and have learners permits, restricted licenses or underage licenses.
They technically are not supposed to have any amount of alcohol or drugs in
their systems while they drive. However, the state allows for a minimal BAC of
lower than 0.02 percent for this group of drivers.
Underage drivers who have BACs higher than 0.02 can be
charged with DWI and sentenced to penalties that can be difficult for them to
accommodate. A typical underage DUI sentence can include:
- A minimum fine of $300
- A minimum fine of $600 for a second or subsequent underage DWIs
- Revoked drivers’ license for 90 days for a first offense and up to one year for a second
- Denial of issuance of a drivers’ license
- Participation in a drug or alcohol awareness program
- Community service
These penalties increase with each subsequent underage DWI
and can remain on a driver’s record until he or she turns 21.
Driving while intoxicated is a criminal offense in New
Hampshire. The state uses punishments like jail terms and heavy fines to
prevent people from engaging in this behavior. Both adult and underage drivers
meet with severe consequences if they decide to drive after drinking or using
drugs.