New Hampshire DUI Attorney
New Hampshire DUI Law
The DUI laws in the state of New Hampshire make it illegal for anyone to operate a vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. Because driving under the influence is against the law, you can face criminal charges and very serious penalties that include jail time and steep fines. You will also face the loss of your driving privileges, making it possible for you to maintain employment or meet your family obligations. Because these penalties have the power to affect your entire life, you need to contact a New Hampshire DUI attorney immediately after you are arrested for DUI or DWI. A qualified New Hampshire DUI lawyer can help you to preserve your rights and advise you on how your case will proceed.
New Hampshire DUI Arrest and Case
If you are arrested for DWI or DUI, you will be charged in one of two ways. The first is under the common-law driving under the influence case. This is where you are arrested for driving under the influence and being impaired while operating a motor vehicle. In this type of case, the prosecution will introduce information about your driving patterns, appearance, and field sobriety testing results to try to prove that you were impaired while driving. Like many other states, New Hampshire also has a “per se” DUI law. This type of case has nothing to do with your level of impairment while driving. Instead, the case revolves around the chemical testing result obtained at the time of your arrest. If your blood alcohol concentration level was 0.08% or greater at the time of the test, then you can be charged with DUI based on this “per se” law.
New Hampshire is a member state of the Interstate Driver’s License Compact. This allows member states to share information about DUI offenses and other traffic violations with each other. If you drive in New Hampshire and you have a driver’s license from another state, your home state will be informed of the conviction and your license in your home state will be suspended or revoked. If it is your first DUI offense, you do not have the right to have a jury trial. Because of the complexity of a DUI case, hiring a New Hampshire DUI attorney is the only way to ensure that you can develop the best possible defense against driving under the influence charges in New Hampshire.
New Hampshire DUI Criminal Penalties
You may be charged with an aggravated DWI offense if certain aggravating factors existed at the time of your arrest. If your blood alcohol level exceed 0.16% (double the legal limit), this is an aggravating factor. Other aggravating factors include driving more than 30 miles per hour over the posted speed limit or attempting to elude law enforcement officials. This type of offense is categorized as a Class A misdemeanor, but you can also be charged with a felony if your DWI offense results in an accident that causes serious bodily injury or death. If you are convicted of an aggravated DWI offense, the penalties include fines between $500 and $2,000, mandatory penalty assessment, minimum of 3 days in county jail, license loss of one to two years, and 7 days in the Multiple DWI Intervention Detention Center.
A second or subsequent DWI offense is classified as a Class A misdemeanor. In this type of case, the prosecutor must prove that you have prior DWI convictions with ten yeas of your most recent arrest. There is a mandatory minimum jail sentence of 3 days in a county jail with up to one year of jail time available if the court feels it is necessary. After the jail term is complete, the offender must also spend 7 days in a multiple offender detention center. A second or subsequent offense also results in a minimum fine of $500 with the maximum fine available $2,000 and a 20% penalty assessment. If the most recent conviction occurred within two years of another conviction, the mandatory minimum sentence is 30 days in jail with 7 days in the in-patient multiple offender program. Having two or more DWO convictions also means you will face higher penalties of up to 28 days in an inpatient alcohol program and a longer license suspension period. Fourth offenses are considered felonies and are punishable by up to 7 years of jail time in a state prison. Because these consequences are so severe, it is imperative that you contact a New Hampshire DUI attorney immediately after you are arrested so you are able to preserve your rights and get through your criminal case as successfully as possible.
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