NH's "Minor in Possession" of Alcohol Laws by Attorney Mark Stevens 1-603-893-0074
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Arrested for "Minor in Possession of Alcohol" or "Unlawful Intoxication" ?
This page that deals with New Hampshire cases of unlawful intoxication by minors (which means under 21 years old for the purposes of this statute) and "minor in possession of alcohol" has generated a lot of visits and questions.
Did you know that if you are convicted under New Hampshire's "minor in possession" or "underage intoxication" law (RSA 179:10) that you could lose your driver's license for 90 days? Even if you were not driving a car (or even if you were not even IN a car) at the time of the arrest! While that doesn't make much sense, you should look at your options before marching into court and getting convicted of this charge. Police in New Hampshire use hand-held PBT (preliminary breath taking) gadgets to quickly test one's BAC level and determine whether or not a DWI charge is necessary. A few months ago in New London, New Hampshire police made over 100 arrests at a single party. 55 of those arrests were made because some of the party-goers chose to blow into one of the PBT gadgets and blew a number of .02 or higher. Hopefully some of those arrested will choose to challenge the alleged results of these gadgets.
Have you been arrested for unlawful possession of alcohol by a minor or underage intoxication in New Hampshire? If you have been, you were probably asked to make a choice about whether you would submit to breath testing - the precursor to an arrest at the roadside or at a house party prior to your arrest. The arresting officer will sometimes ask you if you would do the field sobriety tests "so that he can check to see if you are okay to drive". Or sometimes it may have seemed to you like you didn't have much choice of a choice at all to decline these "tests". Either way, the officer is most likely just gathering evidence to use against you in Court at a later date. Field sobriety tests are a series of exercises designed for the citizen to fail.
This page is about New Hampshire Law Regarding Minors in Possession of Alcohol, as well as New Hampshire DWI laws and New Hampshire DWI case examples involving driving while intoxicated ("DWI"), Driving Under the Influence ("DUI"), Operating Under the Influence ("OUI"), Aggravated DWI and Boating under the Influence ("BUI") cases by New Hampshire DWI defense lawyer Mark Stevens. If you have been arrested for DWI, DUI, OUI or Boating While Intoxicated in New Hampshire, call 1-603-893-0074 for free initial consultation and case evaluation for your case:
Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
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If you get arrested for DWI pr aggravated DWI alleging that you are under the influence of controlled drugs, even your own prescription medications, you are facing the same penalties as if you got convicted for driving drunk. A copy of the New Hampshire DWI first offense penalties and New Hampshire Aggravated DWI penalties are listed below.
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Attorney Stevens Appears in the November 21, 2011 Edition of Newsweek
New Hampshire lawyer Mark Stevens is among the 8 Criminal Defense Attorneys nationally that was featured in Newsweek magazine in the November 21, 2011 edition. If you have been arrested in New Hampshire for DWI or any other crime call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation.
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New Hampshire's Law Regarding Underage Intoxication
The Law-RSA 179:10: Unlawful Possession and Intoxication
Here is the letter of the law: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
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If You're About to be Arrested for a New Hampshire DWI, "Be a Zero"
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"Zip It!" - Exercise Your Rights
New Hampshire DWI lawyer Mark Stevens 1-603-893-0074
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Comments...
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Tipi
Aug 27, 2011 @ 2:46 pm | delete
- If folks could just get that "don't talk" advice down!
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pagelynxdui
Jun 13, 2011 @ 5:18 am | delete
- nice lens
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Homebrew1964
Nov 22, 2010 @ 10:14 pm | delete
- This is a great lens!
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ByeByeDWI
Jul 25, 2011 @ 2:55 pm | delete
- Thank you!
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TheBigMarten
Nov 17, 2010 @ 2:15 pm | delete
- glad im over 21!!!
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Call New Hampshire Attorney Mark Stevens Today! 1-603-893-0074
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Mark Stevens' Breath Testing Certificate
Call Mark Stevens Today at 1-603-893-0074: Free Consultation
One of criminal defense lawyer Mark Stevens' (Salem, NH) breath testing certificates.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.
Mark Stevens' Blood Testing Certification
The certificate to the right of this text 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.Call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation regarding your New Hampshire criminal charges.
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If you have been stopped and arrested for DWI or other crimes in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation. We look forward to speaking with you!
Boating While Intoxicated
If you have been arrested for boating while intoxicated in New Hampshire, don't experiment, call New Hampshire Attorney Mark Stevens at 1-603-893-0074 today. Examples of Not Guilty results in NH boating cases on website, ByeByeDWI.com.
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New Hampshire DWI laws & criminal laws. Call New Hampshire criminal defense lawyer Mark Stevens today at 1-603-893-0074. If you have been arrested for... more »
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