New Hampshire's Aggravated DWI Laws by Mark Stevens

New Hampshire DWI laws. Today's New Hampshire DWI laws topic is the irony of the New Hampshire "aggravated DWI" penalties for a first offender. On a first offense New Hampshire DWI, with no "aggravating factors", a driver that gets convicted faces a lengthy license loss, a criminal record, a large fine, a huge increase in insurance costs, and being forced into an alcohol program. If the driver chooses for some reason to cooperate with the police and blow into the breath testing device at the police station, he may face jail time. In New Hampshire, if a driver arrested for DWI opts to blow into the drunk-in-the-box at the police station, he risks going to jail. It is as simple as that. If the old gray breath test box says the driver blew a .16 or higher, he gets packed off to jail if he is convicted. If he refuses to put his fate and freedom into one of these boxes, he does not go to jail, even upon conviction. The question is, who in their right mind would make the choice to blow into one of these old breath testing boxes. They look like old gray boxes with a rubber hose attached to one side and a bubbling jar of alcohol on the other. Would you knowingly risk your freedom by blowing into a box in a police station?

The absurdity of this aspect of New Hampshire DWI law does not end with the fact that first offenders go to jail based entirely on their decision to cooperate and blow into the box. In addition to going to jail because the driver cooperated and blew into the breath gadget, his license loss will probably be twice as long as if he simply exercised his right to refuse the breath test. If he blows into the box and the box says a .16 or higher breath alcohol concentration he will be forced to go to a "multiple DWI offender program", even if he has never been convicted of DWI before or attended a first offender program. That makes perfect sense doesn't it?

Drivers considering whether to take a breath test after a first offense New Hampshire DWI arrest should carefully consider the fact that they may go to jail if they blow. A copy of New Hampshire's DWI first offense and Aggravated DWI first offense penalties are listed below.

New Hampshire RSA 265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.
I. Except as otherwise provided in this section:

(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:

(1) Guilty of a class B misdemeanor;

(2) Fined not less than $500;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed, or been required by a court or the department of safety to complete, an impaired driver intervention program (I.D.I.P.) or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of the multiple DWI offender intervention detention center program (M.O.P.) or an equivalent 7-day residential intervention program approved by the commissioner of health and human services;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate; and

(6) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person's subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.

(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in sub-paragraph (c), shall be:

(1) Guilty of a class A misdemeanor;

(2) Fined not less than $750;

(3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive 24-hour periods or such other time as the court may order;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) as soon as any circumstances approved by the department of health of human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other test as the court may deem appropriate; and

(6) A person who leaves the relevant driver intervention program required by sub-paragraph IV(a)(3) before completion and fails to return and complete it as soon as extenuating circumstances approved by the department of health and human services allow or who fails to begin following treatment recommendations within the time required by sub-paragraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in the county correctional facility.

If you are in New Hampshire and have questions regarding DWI, Aggravated DWI, DUI, OUI, or boating while intoxicated please feel free to call me at 603-893-0074.

Have a safe night,
Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074

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Salem, New Hampshire DWI defense lawyer Mark Stevens' most recent breath testing certificate (May 2009).

The Law Offices of Mark Stevens is located in Salem, New Hampshire in Rockingham County. Call today at 1-603-893-0074 for a free initial consultation for your New Hampshire minor in possession, underage intoxication, boating while intoxicated, driving while intoxicated, aggravated driving while intoxicated, or other criminal charges.

One of criminal defense lawyer Mark Stevens' (Salem, NH) breath testing certificates (May 2009).

Call 1-603-893-0074 for free initial consultation if you have been charged with unlawful underage intoxication, minor in possession of alcohol, transportation of alcohol or facilitating an underage house party.

The certificate shown to the right is New Hampshire criminal defense lawyer Mark Stevens' 2008 Forensic Blood Testing Seminar Certificate of Completion. It was obtained from the DWI blood and urine testing seminar held at Emory University in Atlanta, Georgia in December 2008. This course involved passing a proficiency test in order to complete and receiving the certificate shown to the right.

The Law Offices of Mark Stevens are located in Salem, New Hampshire in Rockingham County. Call today at 1-603-893-0074 for a free initial consultation for your New Hampshire boating while intoxicated, driving while intoxicated, aggravated driving while intoxicated, or other criminal charges. We look forward to hearing from you.

Everyday, each driver on the road has a chance of being stopped and hassled by the police by way of roadblocks and seat belt law enforcement. But, drivers must beware - a higher chance of being stopped are during holiday weekends.

Roadblocks are the outcomes of government funding - they'll stop every car just to see if anyone may be drunk. And the likelihood that 100% of the stopped drivers are drunk? Not very high. This is the first problem with roadblocks. These "sobriety checkpoints" don't even end up finding drunk drivers! For example, the police will stop about 100 cars before they even find ONE person of whom they SUSPECT of a DWI. But, what they end up doing is arresting people for irrelevant crimes - other types of motor vehicle arrests (ones not pertaining to DWI), inspection, violations, people with warrants, etc. Then, they take these arrests and report, "SIX arrested at DWI checkpoint," only to find out there was one or maybe, two arrested for DWI.

To avoid run ins with the police during holiday weekends - or any day for that matter - follow these simple rules that will cross you off of the police's list:

Make sure your inspection stickers and registration are valid and up-to-date
When driving into a roadblock, or even driving by a police cruiser, you must always make sure your inspection sticker and registration are accurate and up-to-date. If not, you can almost guarantee that you will be hassled possibly fined. Remember, the police will pull you over for any reason they can get their hands on, whether it is relevant to DWI or DUI suspicion or not. Once the police have you stopped for a minuscule reason such as this one, they're one step closer to seeing if you could perhaps be drunk driving, or are carrying drugs in your car.

The penalty for violation a section of the motor vehicle code is $60, but you'll really pay the price if police smell alcohol or suspect that you've been drinking, simply for the lack of an inspection sticker.
Unfortunately, many drivers who are initially stopped for this minor violation end up charged with DWI, DUI or OUI. AVOID all of this by making sure your stickers are up to date!

2. Make sure your plate lights and other lights are working
All drivers during the night should make sure all their vehicle's lights are working, not only for their own safety, but to avoid interaction with the police. As previously stated, police will take any chance they can to pull drivers over, no matter how minor the violation may be. Generally, the driver may be following all rules of the road - obeying the speed limit, maintaining proper lane control, steady driving - but is still being pulled over for reasons unknown to the driver.

The number of stops for equipment violations have increased over the years, not because the police have a concern over the functioning of plate lights, or scolding drivers for not using their turn signals. Rather, the police have a broader goal: the police have co-opted the motor vehicle code to fight the war on drugs, and many DWI arrests ensue after these stops when the police can't find any drugs after the stop.

Avoid giving the police some of these chances to legally stop you by making sure that all your lights are functioning, your registration and inspection stickers are up to date, and your license is valid.

PREPARATION FOR THE WORST CASE SCENARIO:
It isn't a bad idea to prepare for this event, even if you least suspect it, there is still a strong chance this could happen to you someday. Always make sure your license and registration is in an easy place to find, so you can quickly and effortlessly produce it upon demand. Never put your license in a difficult place to find, or a place you'll know you'll forget. Practice taking your license out of your wallet in your own home.
CONSIDER GETTING A REGISTRATION HOLDER TO KEEP YOUR VEHICLE REGISTRATION IN. If you do not have one send me an e-mail with your mailing address and I will send you a registration holder for each of your vehicles free of charge. After, you can practice producing your license and registration fairly frequently. It will make it easier to do if you ever have to produce them under a pressurized roadside situation.

If you ever charged with a DWI, DUI, or OUI call:
The Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074

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