Summary of New Hampshire Impaired Driving Statutes.
COMMON ACRONYM(S) USED TO DESCRIBE �DRUNK DRIVING�: DWI, BWI (Boating While Intoxicated)
PROHIBITED VEHICULAR ACTIVITY: “driving or operating under the influence of drugs or liquor�, attempt to drive or operate, or exercise �actual physical control�.
COVERED VEHICLES OR DEVICES: “a vehicle, boat, or OHRV.”
COVERED LOCATIONS: �upon any way�.
IMPAIRED DRIVING OFFENSES:
Driving or Operating under the influence of drugs or liquor.
Aggravated driving while intoxicated.
DEGREE OF IMPAIRMENT REQUIRED:
DWI: Impairment to any degree or alternatively operating with �an alcohol concentration of .08 or more or in the case of a person under the age of 21, .02 or more.
AGGRAVATED DWI: All the elements of DWI, plus one of the following aggravating factors:
a)drives at a speed in excess of 30 miles over the prima facie speed limit;
b)causes a motor vehicle, boating or OHRV collision resulting in serious bodily injury;
c)attempts to elude law enforcement by increasing speed, extinguishing headlamps, or in the case of a boat navigational lamps while still in motion, or abandoning a vehicle, boat or OHRV while being pursued; or
d)carries as a passenger a person under the age of 16; or
e)while having an alcohol concentration of .16 or higher.
PENALTIES FOR IMPAIRED DRIVING OFFENSES:
For first conviction DWI:Fine of $500 to $1200; 9-month to 24 month license revocation; 6 months of license revocation may be suspended if driver enters into the first offender impaired driver intervention program (�IDIP�) within 45 days of conviction. Driver must complete the IDIP program prior to reinstatement of right to drive. Driver must maintain SR-22 proof of financial responsibility for 3 years after conviction.
For Aggravated DWI:Fine of $750 to $2000; license loss is 18 months to 24 months; 6 months of license loss may be suspended upon entry into the relevant program as defined below as soon as circumstances allow; sentence of not less than 10 consecutive days, of which 3 consecutive 24 hour periods shall be served in the county house of corrections and 7 consecutive 24 hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center; maximum house of corrections sentence is 12 months committed to the house of corrections.
2nd Offense (for second conviction between 2 and 10 years from first conviction): Fine of $750 to $2000; 3 year loss of license; sentence of not less than 10 consecutive days, of which 3 consecutive 24 hour periods shall be served in the county house of corrections and 7 consecutive 24 hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center (the MOP program); maximum house of corrections sentence is 12 months committed to the house of corrections.
2nd Offense (less than 2 years from first conviction): All of the above provisions of a second offense apply, but the mandatory minimum committed jail sentence is 30 days in the house of corrections followed by the MOP program outlined above.
3rd Offense within 10 years: Fine of $750 to $2000; indefinite license revocation; may not seek return of license for 5 years from date of conviction; jail sentence of not less than 180 days, 30 of which must be served consecutively at a house of corrections; up to 5 months of sentence may be deferred by the court; the driver must complete a residential 28 day inpatient program at his own expense; maximum house of corrections sentence is 12 months committed to the house of corrections.
STATUTORY DRUNK DRIVING PRESUMPTIONS: Measurable BAC of .03 or less is prima facie evidence that the defendant was not under the influence; measurable BAC of more than .03 but less than .08 is given no prima facie effect. BAC of .08 percent or more is prima facie evidence that the driver is under the influence of an intoxicant and of an alcohol concentration of .08 or more.
IMPLIED CONSENT LAWS:
Tests permitted: Blood, breath or urine test-one or more samples as designated by law enforcement agency.
Type of advisement required: Of implied consent law requirements; of penalties for refusing testing; of administrative suspension; of right to alternative and independent tests.
Penalties for refusal: six month loss of license for first implied consent suspension, whether a refusal or administrative suspension for BAC over .08; two year loss of license for all subsequent implied consent suspensions.
Admissibility of refusal: Admissible at trial.
The New Hampshire DMV’s website: http://www.nh.gov/safety/divisions/dmv/
New Hampshire Department of Safety Compendium Superior Court Cases: https://www.nh.gov/safety/divisions/hearings/compendium/superior/index.html
The New Hampshire Judicial Branch website: http://www.courts.state.nh.us/index.htm
New Hampshire Department of Safety http://www.nh.gov/safety/