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New Hampshire Drugged Driving

In New Hampshire, a person is guilty of DUI if he or she drives or attempts to drive a vehicle upon any way while he or she is under the influence of any controlled drug. N.H. Rev. Stat. Ann. § 265-A:2(2010).

Implied Consent

  • Any person who drives in New Hampshire shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor and/or controlled drugs. Id. § 265-A:4.
  • If a person under arrest refuses to submit to physical test none shall be given, but the refusal carries the following penalties - an offender with no prior DUI or refusal DUIs will have his or her license to drive or nonresident driving privileges suspended for a period of 180 days. Id. 265-A:14. An offender with prior DUI or a prior refusal of consent will have his or her license suspended for two years. Id. § 265-A:14.

Penalties

  • First offense class B misdemeanor – fine of not less than 500; 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; offender is required to complete an impaired driver intervention program prior to the restoration of the offender's driver's license. Id. § 265-A:18(I)(a).
  • Second offense (w/i 2 years) class A misdemeanor – fine of not less than $750; mandatory sentence of not less than 37 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive days to be served at the state-operated 7-day multiple DWI offender intervention detention center; privilege to drive revoked for not less than 3 years. Id. § 265-A:18(IV)(a).
  • Second offense (w/i 10 years) class A misdemeanor - 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 days shall be served at the state-operated 7-day multiple DWI offender intervention detention; privilege to drive revoked for not less than 3 years. Id. § 265-A:18(IV)(a).
  • Third offense class A misdemeanor - any person convicted under this paragraph shall be subject to all the penalties associated with a second DUI, except that the person's driver's license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years; the person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility following which the person shall complete at the person's own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment. Id. § 265-A:18(IV)(b).
  • Fourth and subsequent offense felony - any person convicted under this paragraph shall be subject to all the penalties of associated with a second and third DUI, except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years. Id. § 265-A:18(IV)(c).

Sobriety Checkpoints

In New Hampshire, sobriety checkpoints are judicially approved and authorized by statute.

Checkpoints not permitted in New Hampshire unless authorized by a judge. To justify stops without specific suspicion, officers must show the same end can not be achieved by less intrusive means. State v. Koppel, 499 A2d. 977 (1985).

Case Law

State v. Kelley, 986 A.2d 620 (2009) -- To convict for DUI, prosecution must prove beyond a reasonable doubt that the defendant was impaired to any degree.





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