Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In New Hampshire, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN NEW HAMPSHIRE

In New Hampshire, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a New Hampshire license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your non-resident driving privilege or license being suspended for 180 days for first offense, or for two years for second offense in ten years.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Class B Misdemeanor and may result in imprisonment for up to 6 months and/or a minimum $500 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 6 points will be added to your driving record.
   • Your license will be revoked for nine months to two years.
   • You will have to complete an intervention program for impaired drivers (IDIP) and you will have to provide proof of completion.
   • You may have to undergo additional counseling and drug or/and alcohol treatment.
   • You may have to randomly undergo tests or urinalysis that the court may order.
2. Aggravated DWI offense will be treated as a Class A Misdemeanor and may result in imprisonment for minimum 10 days (of which seven days have to be spent at the state run multiple offender program and three consecutive periods of 24 hours have to be served at the correctional facility in the county) and/ or a minimum $750 fine.
3. Your driving privilege or license will be revoked for 18 months to two years.
   • You may have to undergo additional counseling and drug or/and alcohol treatment.
   • You may have to randomly undergo tests or urinalysis that the court may order.
4. The second offense or two offenses is treated a Class A Misdemeanor and may result in imprisonment for 37 successive days (if second offense in two years) or imprisonment for 10 successive days (if second offense between two to ten years of first offense) and/or at least a $750 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • 6 points will be added to your driving record.
   • Your driving privilege or license will be revoked for minimum three years.
   • You will have to pay the commissioner the cost of a state run Multiple Offender Program lasting for seven days.
   • You may have to undergo additional counseling and drug or/and alcohol treatment.
   • You may have to randomly undergo tests or urinalysis that the court may order.
5. The third offense may result in imprisonment for minimum 180 successive days and/ or a fine. Also, if convicted for the third offense of DWI, DUID or BAC:
6. 6 points will be added to your driving record.
7. Your driving privilege or license will be revoked indefinitely (will not be reinstated for minimum five years).
8. Of the imprisonment term, 30 consecutive periods of 24 hours have to be spent at a correctional facility and then complete a 28-day residential program at your cost.
9. The fourth offense is treated as a Felony and may result in imprisonment and/or up to a fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
10. 6 points will be added to your driving record.
11. Your driving privilege or license will be revoked indefinitely (ineligible for reinstatement for seven years).

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. 6 points will be added to your driving record and your license suspended or revoked, if you are convicted for "minor in possession/other alcohol offenses" (trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. The license may be suspended or revoked for minimum one year after the first or subsequent conviction.
3. The court may order a minor's license to be suspended for 60 days for any alcohol or drug-related offense (including possession and use) while driving some one under 21; or for changing or lying on your driver license.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. 6 points will be added to your driving record and you will be barred from driving a commercial vehicle for minimum one year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if any level of BAC under 0.04 is detected. If you refuse to submit to a test, your CDL will be revoked.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

New Hampshire laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your New Hampshire driver license and issue a temporary 30-day driving permit, file form DSMV 426, complete a notice of license suspension based on the nature of the offense that is effective 30 days from service date, along with a warrant, if applicable; and send the entire set to the New Hampshire Department of Safety. The driver can schedule an administrative hearing or review in writing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous ten-year driving record. If he has any alcohol related convictions or suspensions for this ten-year period, his license will be suspended or revoked, and if not, then it will be suspended or revoked. There is no provision for a Hardship or Restricted License in New Hampshire if your license is revoked or suspended. The suspension or revocation begins immediately after the final order of the hearing officer is mailed from the New Hampshire Department of Safety. If the administrative hearing goes against the driver, he can ask for a review from the director. If the driver, however, does not request a hearing, then the suspension/revocation begins immediately after the arrest, and is final.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Division of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed intervention program for impaired drivers (IDIP) or a state run Multiple offender program lasting for seven days or a comparable program (the agency will send the proof to the DMV once you have completed the program or you may have to provide the proof), pay the appropriate reinstatement fee, and maintain proof of financial responsibility for five years from the date of conviction for second DWI offense by filing SR-22.
2. If you are being convicted, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
3. You can submit the reinstatement application and fees are to be paid at :

DOS DMV

FR

23 Hazen Drive
Concord, NH 03305    

603-271-3102

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• The driver may send the review/hearing request with pre-paid postage by first class regular mail to:

Department of Safety
Bureau of Hearings
33 Hazen Drive
Concord, NH 03305.    

It can be faxed to (603) 271-6653 or emailed to safety-hearings@safety.state.nh.us.

• BAC of 0.16 or above or being accompanied by an under 16 year-old will be treated as Aggravated Driving While Intoxicated.
• In case of an accident an officer for law enforcement may arrest a driver without a warrant if the officer has reason to suspect that the accident occurred because the driver was under influence of drugs or/and alcohol.
• It is against the law to carry opened containers of alcoholic beverages in the passenger areas of a vehicle else a first offense may result in a $150 fine, your driving privilege or license being suspended for 60 days and for second and subsequent offense for maximum one year.
• Failure to complete court ordered correction programs may lead to you having to spend time at a correctional facility.