Article Summary
A DUI (Driving Under the Influence) charge in New Hampshire carries severe immediate and long-term consequences, affecting not only your driving privileges but also your employment, finances, and personal life. Under NH law (RSA 265-A:2), a DUI conviction can result in mandatory jail time, hefty fines, license suspension, and mandatory ignition interlock device installation. Administrative penalties, such as an automatic 180-day license suspension for refusing a breathalyzer test, require immediate action—you have only 30 days to request an administrative hearing to contest the suspension. A skilled DUI lawyer in NH can challenge the evidence, protect your rights, and minimize penalties, making early legal intervention critical.
What This Means for You
- Immediate Action: Contact a DUI lawyer in NH immediately to request an administrative hearing with the NH DMV within 30 days of your arrest to prevent automatic license suspension. Missing this deadline forfeits your right to appeal.
- Legal Risks: A first-time DUI in NH carries penalties including up to 1 year in jail (minimum 2 days if BAC ≥ 0.16%), fines up to $2,000, and a 9-month license suspension. Repeat offenses escalate to felony charges, longer suspensions, and mandatory prison time.
- Financial Impact: Beyond legal fees, expect costs such as court fines ($500-$2,000), alcohol education programs ($500+), ignition interlock device installation ($100-$200/month), increased insurance premiums (200-300% higher), and potential job loss due to license suspension.
- Long-Term Strategy: NH does not allow DUI expungement, meaning a conviction remains on your record permanently. However, a skilled attorney may negotiate reduced charges (e.g., reckless driving) or explore diversion programs for first-time offenders.
Navigating DUI Charges in New Hampshire: How a Skilled Lawyer Can Make a Difference
What is a DUI in New Hampshire?
Under RSA 265-A:2, a DUI in NH is defined as operating a vehicle while under the influence of alcohol, drugs, or a controlled substance, or with a BAC of 0.08% or higher (0.02% for drivers under 21). “Operating” includes physical control of the vehicle, even if not driving. NH also enforces “per se” laws, meaning a BAC ≥ 0.08% alone is sufficient for conviction.
Implied Consent Laws & Chemical Tests
NH’s implied consent law (RSA 265-A:4) requires drivers to submit to breath, blood, or urine testing if arrested for DUI. Refusal results in an automatic 180-day license suspension, separate from criminal penalties. Breathalyzer results can be challenged on grounds of improper calibration, officer error, or medical conditions (e.g., GERD affecting BAC readings).
Types of DUI Offenses in NH
First-Time DUI
Penalties include 2 days to 1 year in jail (if BAC ≥ 0.16%), $500-$2,000 fines, and a 9-month license suspension (eligible for restricted license after 45 days with an ignition interlock device).
Second Offense (Within 10 Years)
Class A misdemeanor: 17 days to 1 year in jail (30 days mandatory if BAC ≥ 0.16%), $750-$2,000 fines, and a 3-year license suspension.
Felony DUI (Third or Subsequent Offense)
Class B felony: 180 days to 5 years in prison, $1,000-$4,000 fines, and indefinite license suspension (eligible for reinstatement after 5 years).
Aggravated DUI
Enhanced penalties apply for DUI causing injury (RSA 265-A:21) or death (RSA 265-A:3), including felony charges and multi-year prison sentences.
Common Defenses for DUI in NH
- Illegal Traffic Stop: Challenging whether the officer had reasonable suspicion to initiate the stop.
- Inaccurate Field Sobriety Tests: Highlighting improper administration or medical conditions affecting performance.
- Breathalyzer Errors: Questioning device calibration, maintenance records, or operator training.
- Rising BAC Defense: Arguing BAC was below 0.08% while driving but increased by the time of testing.
- Chain of Custody Issues: Disputing blood test reliability due to mishandling or contamination.
Penalties and Consequences of a DUI in NH
Beyond criminal penalties, a DUI conviction triggers:
- Administrative Penalties: License suspension, ignition interlock requirement (6-24 months), and SR-22 insurance filing.
- Collateral Consequences: Job loss (especially for CDL holders), professional license revocation (e.g., nurses, pilots), and travel restrictions (Canada often bars entry for DUI convictions).
The NH DUI Legal Process
- Arrest & Booking: You’ll be processed and given a court date.
- Administrative Hearing: Request a DMV hearing within 30 days to contest license suspension.
- Arraignment: Enter a plea (guilty, not guilty, or no contest).
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss charges.
- Trial or Plea Bargain: Most cases resolve via plea deals, but trial is an option if evidence is weak.
- Sentencing: If convicted, penalties are imposed per NH statutes.
Choosing a DUI Lawyer in NH
Key factors to consider:
- Specialization: Choose an attorney with extensive DUI defense experience in NH courts.
- Local Knowledge: Familiarity with local judges, prosecutors, and DMV procedures is critical.
- Success Record: Ask about past case outcomes, including dismissals and reduced charges.
People Also Ask:
- How much does a DUI lawyer cost in NH? Fees typically range from $2,500-$10,000, depending on case complexity.
- Can a DUI be expunged in NH? No, NH does not allow expungement for DUI convictions.
- What happens at a DMV hearing for DUI? Your attorney challenges the suspension by disputing the arrest’s legality or testing procedures.
State-Specific Laws & Case Examples
Case Example: A Manchester driver’s DUI charge was dismissed after their attorney proved the breathalyzer wasn’t calibrated per NH regulations. Another client avoided jail time by completing the NH Impaired Driver Care Management Program (IDCMP), a state-mandated alcohol education course.
People Also Ask About:
- How long does a DUI stay on your record in NH? Permanently, with no expungement option.
- Can you get a hardship license after a DUI in NH? Yes, after 45 days for first-time offenders with an ignition interlock device.
- Is a DUI a felony in NH? Only for third or subsequent offenses or DUI causing injury/death.
- What’s the penalty for refusing a breath test in NH? 180-day license suspension, separate from criminal penalties.
Other Resources
For official NH DUI statutes, refer to the NH RSA Title XXI (Motor Vehicles). The NH Bar Association also provides legal referral services.
Expert Opinion
In NH, the stakes of a DUI are too high to navigate alone. The 30-day deadline for DMV hearings is unforgiving, and even first-time offenders face jail time. A seasoned DUI lawyer can challenge flawed evidence, negotiate reduced charges, and guide you through NH’s complex legal process. Remember: pleading guilty without counsel often leads to harsher penalties. Act now—your future depends on it.
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*featured image sourced by Pixabay.com
