Habitual Traffic Offender Laws in New Hampshire

This page is an introduction to habitual offender status, habitual offender certification and decertification, SR-22 proof of financial responsibility, major traffic offenses and related motor vehicle laws.

RSA 179:10 (2009)

179:10 Unlawful Possession and Intoxication.

[Para. I as effective prior to one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out below.]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

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

Also visit:
ByeByeDWI
ByeByeDWI Blog
NH DWI Laws

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.

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.

Call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation regarding your New Hampshire criminal charges.

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

Also visit:
ByeByeDWI
ByeByeDWI Blog
NH DWI Laws