Driving under the influence, often known as DUI, is a serious offense in New Hampshire. The state’s DUI laws are strict, and anyone caught driving while impaired by alcohol or drugs can face severe penalties. Understanding how DUI laws work in New Hampshire is important for drivers to avoid legal trouble and stay safe on the road. Whether you are a new driver or have been driving for years, knowing these laws can help you make better decisions when getting behind the wheel. Tenn And Tenn, PA provides skilled legal representation to guide you through every step of your DUI case, working to protect your rights and achieve the best possible outcome.
What Is Considered a DUI in New Hampshire?
In New Hampshire, a person can be charged with a DUI if they operate a vehicle while under the influence of alcohol, drugs, or a combination of both. The law defines impairment as when a person’s ability to drive is affected by these substances, making it unsafe for them to operate a vehicle. This includes not only alcohol but also illegal drugs, prescription medications, and even over-the-counter drugs that can impair a person’s driving abilities.
The legal blood alcohol concentration (BAC) limit in New Hampshire is 0.08 percent for most drivers. This means that if a driver’s BAC is 0.08 percent or higher, they can be charged with a DUI. For drivers under the age of 21, the limit is much lower at 0.02 percent. This is part of the state’s effort to discourage underage drinking and driving. For commercial drivers, the limit is set at 0.04 percent.
It is important to understand that even if your BAC is below the legal limit, you can still be charged with a DUI if your driving is impaired. For example, if a police officer believes you are driving unsafely because you are under the influence of alcohol or drugs, they can arrest you for DUI even if your BAC is below 0.08 percent.
Field Sobriety and Chemical Tests
When someone is pulled over on suspicion of DUI, the police may ask the driver to perform field sobriety tests. These tests are designed to measure coordination and focus, which can be affected by alcohol or drugs. Some common field sobriety tests include walking in a straight line, standing on one leg, and following a moving object with your eyes.
In addition to field sobriety tests, police may also ask the driver to take a breathalyzer or chemical test to measure their BAC. Refusing to take a breath or chemical test in New Hampshire can result in immediate penalties. Under the state’s implied consent law, drivers are considered to have already agreed to these tests when they obtained their driver’s license. Refusing the test can lead to an automatic suspension of your driver’s license, regardless of whether you are later convicted of a DUI.
Penalties for a DUI Conviction in New Hampshire
The penalties for a DUI conviction in New Hampshire depend on several factors, including whether it is your first offense or if you have previous DUI convictions. Penalties can also vary based on your BAC at the time of the arrest, whether there was an accident involved, and whether there were passengers, especially children, in the car.
For a first-time DUI conviction, a driver may face fines, mandatory participation in an alcohol or drug education program, and a suspension of their driver’s license. The length of the suspension can vary but is typically at least nine months. The driver may also be required to install an ignition interlock device in their vehicle, which prevents the car from starting unless the driver passes a breathalyzer test.
Second and subsequent DUI convictions come with harsher penalties. These can include longer license suspensions, higher fines, mandatory jail time, and extended participation in alcohol or drug treatment programs. Repeat offenders may also face having their vehicles seized.
If a driver is convicted of a DUI involving an accident that caused injury or death, the penalties become much more severe. In cases of DUI-related injury or death, a driver may face felony charges, which carry long-term consequences such as prison time, permanent loss of driving privileges, and significant fines.
Underage DUI Laws
New Hampshire takes underage drinking and driving very seriously. Drivers under the age of 21 are held to a much stricter standard when it comes to DUI charges. If an underage driver has a BAC of 0.02 percent or higher, they can be charged with a DUI. This is much lower than the 0.08 percent limit for drivers over the age of 21.
The penalties for underage DUI convictions can include license suspension, mandatory alcohol education programs, and community service. In some cases, underage drivers may also face jail time, especially if their DUI resulted in an accident or injury. Additionally, an underage DUI conviction can have long-lasting effects on a young person’s future, including difficulties obtaining a job or applying to college.
Aggravated DUI in New Hampshire
New Hampshire also has a category of DUI known as aggravated DUI. An aggravated DUI charge occurs when certain factors make the offense more serious. These factors can include driving at a high speed, having a BAC that is significantly over the legal limit, causing an accident that results in injury, or having a child in the car at the time of the DUI.
Aggravated DUI charges carry much harsher penalties than a standard DUI. These penalties can include mandatory jail time, higher fines, longer license suspensions, and a permanent criminal record. Because of the severe consequences, it is important to take an aggravated DUI charge very seriously.
DUI and Your Driver’s License
One of the most immediate consequences of a DUI conviction in New Hampshire is the suspension or revocation of your driver’s license. Losing your driving privileges can significantly impact your daily life, making it difficult to get to work, school, or other important places.
The length of the license suspension depends on several factors, including whether it is your first offense or if you have prior DUI convictions. For a first-time offense, the suspension can last anywhere from nine months to two years. For second and subsequent offenses, the suspension period can be much longer.
In some cases, drivers may be eligible to apply for a hardship license. A hardship license allows drivers to operate their vehicle for specific purposes, such as driving to work or attending medical appointments. However, these licenses come with strict conditions, and failure to comply can result in the loss of the hardship license and additional penalties.
Defending Against a DUI Charge
If you are charged with a DUI in New Hampshire, it is important to understand that you have legal options. A DUI charge is not a guaranteed conviction, and there are defenses that can be used to challenge the charges against you.
One possible defense is to challenge the validity of the traffic stop. Police officers must have a valid reason to pull you over, and if they did not, the evidence against you may be inadmissible in court. Another defense is to challenge the accuracy of the breathalyzer or chemical test results. These tests are not always accurate, and equipment malfunctions or improper administration can lead to incorrect results.
It is also possible to challenge the field sobriety tests. These tests are subjective and can be affected by factors other than alcohol or drugs, such as medical conditions or poor road conditions. An experienced DUI attorney can help you explore these defenses and determine the best strategy for your case.
What to Do If You Are Pulled Over for Suspected DUI
If you are pulled over on suspicion of DUI, it is important to remain calm and cooperative with the police officer. You have the right to remain silent, and you are not required to answer questions about whether you have been drinking. However, you are required to provide your driver’s license, registration, and proof of insurance.
If the officer asks you to take a field sobriety test or a breathalyzer test, you have the right to refuse, but doing so can result in an automatic license suspension under New Hampshire’s implied consent law. It is important to weigh the consequences of refusing a test against the possibility of facing a DUI conviction.
After a DUI arrest, it is important to seek legal help as soon as possible. An experienced DUI attorney can review your case, help you understand your rights, and guide you through the legal process.
If you or someone you know is facing a DUI charge in New Hampshire, it is crucial to have a knowledgeable attorney on your side. The legal team at Tenn And Tenn, PA can provide the guidance and support you need to protect your rights and fight for the best possible outcome in your case. Our firm has years of experience handling DUI cases and can help you navigate the complex legal system. Contact us today for a consultation and let us help you through this difficult time.