Driving under the influence of alcohol or drugs is a serious issue that puts everyone on the road in danger. New Hampshire has strict laws about driving under the influence, and understanding the difference between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) is important for anyone who drives in the state. Both DUI and DWI charges come with serious consequences in New Hampshire, and knowing how each charge works can help you understand your rights and the laws better. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Does DUI Mean in New Hampshire?
DUI, or Driving Under the Influence, is a legal term used to describe when someone is caught operating a vehicle after consuming alcohol or drugs. In New Hampshire, a DUI charge means that the person driving has a blood alcohol concentration, or BAC, above the legal limit, or that they are impaired by drugs. For adults over the age of 21, the legal BAC limit is 0.08 percent. This means that if a driver’s BAC is measured at or above 0.08, they can be charged with DUI.
But DUI isn’t only about alcohol. A person can be charged with DUI if they are found driving while under the influence of drugs as well, including illegal drugs or even certain prescription medications that could make it unsafe to drive. In New Hampshire, a DUI charge means the authorities believe the person was not safe to operate a vehicle due to the effects of alcohol or drugs.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
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John J. Tenn
Attorney
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What Does DWI Mean in New Hampshire?
In some states, DWI is used interchangeably with DUI, but New Hampshire treats DWI, or Driving While Intoxicated, slightly differently. DWI in New Hampshire is commonly used to refer to cases where a person’s impairment is clear, but the BAC might not be as high as 0.08 percent. For example, someone might be charged with DWI if they show clear signs of impairment while driving but their BAC is slightly below the legal limit. This means that New Hampshire takes into account not just the BAC level, but also the driver’s behavior and whether it shows signs of impairment.
This focus on driver behavior means that a person could potentially face DWI charges even if they consumed only a small amount of alcohol, or even if they were under the influence of certain medications that did not result in a BAC reading over the legal limit. The goal is to keep drivers off the road if they are not able to operate a vehicle safely, regardless of the exact BAC number.
Key Differences Between DUI and DWI
Understanding the difference between DUI and DWI in New Hampshire comes down to how the state views impairment and safety on the road. DUI is generally based on a measurable BAC level, while DWI can be used when a person shows clear signs of impairment even if their BAC is under 0.08. This distinction allows New Hampshire authorities to address a broader range of situations and respond to cases where the driver’s behavior suggests impairment, even if it might not meet the strict BAC limit for a DUI.
The differences between DUI and DWI are also important in how these charges are applied. For example, a person who fails a field sobriety test, which is a series of physical tasks like standing on one leg or walking in a straight line, might be charged with DWI if they are not able to perform these tasks safely, even if their BAC is under 0.08. Meanwhile, a driver who fails a breathalyzer test with a BAC of 0.08 or higher will usually face a DUI charge.
Consequences of DUI and DWI Charges
Both DUI and DWI charges carry serious consequences in New Hampshire. The penalties are similar and can include fines, license suspension, and even jail time, depending on the details of the case. A first-time DUI or DWI offense usually results in a fine, a suspension of driving privileges, and possibly a required substance abuse evaluation. However, for repeat offenses or cases where there is a high BAC or other dangerous behaviors involved, the penalties can increase significantly.
If a driver is convicted of DUI or DWI more than once, they may face harsher penalties, including longer license suspensions and even mandatory jail time. New Hampshire takes impaired driving very seriously, and the goal of these penalties is to make sure that anyone who is not able to drive safely stays off the road.
Another important consequence of DUI or DWI charges in New Hampshire is the impact on a person’s driving record. Both charges will appear on a person’s record, which can affect their ability to get car insurance and may increase their insurance rates. Additionally, if a person has a DUI or DWI on their record, it can affect their chances of getting certain jobs or even renting a car.
How DUI and DWI Are Determined
When a driver is suspected of being impaired in New Hampshire, law enforcement officers have a few ways to determine if the driver is under the influence. They might use a breathalyzer test to measure the driver’s BAC, which can show if the driver’s alcohol level is above the legal limit for a DUI charge. If the driver’s BAC is lower but the officer notices signs of impairment, like slurred speech, slow reactions, or difficulty following directions, they might still charge the driver with DWI.
Officers may also conduct field sobriety tests to check the driver’s ability to perform simple physical tasks. These tests are designed to show whether a driver’s reflexes and balance have been affected by alcohol or drugs. If the driver cannot pass these tests, they might face a DWI charge, even if their BAC is not over 0.08.
In some cases, officers might request a blood or urine test if they believe the driver is impaired by drugs instead of alcohol. These tests can reveal the presence of drugs in the driver’s system and are used as evidence if the driver faces DUI charges for drug impairment.
Legal Defenses for DUI and DWI
There are some defenses that a person charged with DUI or DWI in New Hampshire might use in court. For example, a person could argue that the field sobriety tests were unfair or that the breathalyzer test was not performed correctly. Some people also argue that they were not actually impaired or that their behavior was due to a medical condition, not alcohol or drugs.
However, it can be challenging to argue against DUI or DWI charges without proper legal knowledge and experience. It’s often important for a person facing these charges to have support from someone who understands the law and knows how to navigate the court system. The legal process for DUI and DWI cases can be complex, and it may involve providing evidence, questioning witnesses, and understanding New Hampshire’s specific laws about impaired driving.
The Role of a Lawyer in DUI and DWI Cases
Facing DUI or DWI charges can be overwhelming, and the legal consequences can have a lasting impact on a person’s life. A lawyer who understands New Hampshire’s DUI and DWI laws can be an important source of support. They can help the person understand their rights, explain the legal process, and represent them in court if necessary.
Lawyers who handle DUI and DWI cases may review the evidence against their client and determine if there are ways to challenge the charges. This might involve questioning how the tests were conducted, whether the officer followed proper procedures, or if there are other factors that could affect the case. Having a knowledgeable legal guide can help someone make informed decisions and work toward a fair outcome.
DUI vs. DWI: Which is More Serious?
In New Hampshire, DUI and DWI are both serious charges, and the consequences for each are similar. However, a DUI charge is generally considered more severe because it indicates a BAC level that is above the legal limit. DWI charges may still lead to fines, license suspensions, and other penalties, but they often depend more on the driver’s behavior and the officer’s observations.
Both charges can lead to long-term consequences, and anyone charged with DUI or DWI in New Hampshire should take the matter seriously. Whether it’s a DUI or DWI, impaired driving is considered a serious risk to public safety, and New Hampshire’s laws reflect this by setting strict penalties for both offenses.
If you or someone you know is facing DUI or DWI charges in New Hampshire, seeking legal guidance can make a significant difference. Tenn And Tenn, PA can provide the information and support you need to understand the legal process, protect your rights, and work toward the best possible outcome. Facing DUI or DWI charges can be a challenging experience, but with the right guidance, you can navigate this process and make informed choices for your future.