New Hampshire’s Driving While Intoxicated Statute was revised with the passage of new legislation that went into effect on January 1st, 2013 to include impairment through either alcohol or drugs:
The statute penalizing Driving While Intoxicated, NH RSA 265-A:2 was amended:
No person shall drive or attempt to drive a vehicle upon a way or operate or attempt to operate an OHRV;
(A) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic , which impairs a person’s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive.
If you are convicted of DWI 1st Offense you face the following penalties:
Conviction for a DWI 1st Offense is a Class B Misdemeanor;
You will receive a minimum fine of $500 plus court imposed penalty assessment;
You will be referred to an Impaired Driver Care Management Program or “IDCMP”
You will be required to complete a drug and alcohol screening. If the screening reveals a likely
substance abuse disorder you will be required to complete a full substance abuse disorder evaluation and thereafter follow the service plan developed from that evaluation;
You will be required to complete an approved Driver Education Program prior to the restoration of your driver’s license or privilege to drive;
You will be required to pay all fees associated with these programs;
You will lose your driver’s license for 9 months and up to 2 years;
You will require an SR-22 before you can drive.
The Court may suspend 6 months of the license loss IF you obtain a drug and alcohol abuse screen within 14 days of the conviction and, if required, you complete a full drug and alcohol abuse evaluation within 30 days of conviction AND you are in compliance with the service plan AND you have completed an approved Drivers Education Program;
The Court may require the installation of an interlock device during the period of sentence reduction.
There are also separate penalties from the Department of Motor Vehicles. The NH DMV can impose a 6 month suspension of your license for refusing the breathylizer or for blowing over .08 %. An Administrative License Suspension hearing may be requested
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Annutto Law Office
369 Main St
Nashua, NH 03060
Phone: +1 603 881-9161
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