PENALTIES FOR INTOXICATION OR UNDER INFLUENCE OF DRUGS OFFENSES EFFECTIVE JANUARY 1, 2005.

  

FIRST OFFENSE DRIVING UNDER THE INFLUENCE - RSA 215-A:11,I, or RSA 265:82

 

Any person who is convicted of a first offense of driving while intoxicated or under the influence of drugs shall be guilty of a class B misdemeanor, fined not less than $500, and the person's driver's license or privilege to drive shall be revoked for not less than 9 months or more than 2 years. The court may suspend up to 6 months of this revocation or suspension provided the person has entered into the relevant driver intervention program required (see next paragraph) within 45 days of conviction or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow. A person under the age of 2 1 shall have his/her license revoked/suspended for not less than one year.

 

The person will be 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 motor vehicle bureau to complete an impaired driver intervention program 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 or an equivalent 7 day residential intervention program approved by the commissioner of health and human services.

 

INTOXICATION OR UNDER INFLUENCE OF DRUGS OFFENSES - SECOND OFFENSE UNDER RSA 265:82-B, II (a) (3)-(6)

 

Any person who is convicted of a second offense DWI under the above referenced statutes shall be guilty of a class A misdemeanor, fined not less than $500, and the person's driver's license or privilege to drive shall be revoked for not less than 3 years.

 

Any person who is convicted of a second DWI or DUI offense under the above referenced statutes with a prior conviction within 2 years preceding the date of the second offense shall be sentenced to a 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 24-hour periods to be served at the state operated 7 day DWI offender intervention detention center within 21 days after conviction except that in circumstances where 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 30 consecutive 24-hour periods or such other time as the court may order. The person must pay for the costs of the 7-day program prior to license restoration.

 

Any person who is convicted of a second DWI or DUI offense under the above referenced statutes with a prior conviction more than 2 years but not more than 10 years preceding the date of the second offense shall be 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 DWI offender intervention detention center within 21 days after conviction except that in circumstances where 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. The person must pay for the costs of the 7 day program prior to license restoration.

 

A person who leaves the program before completion and fails to return and complete it as soon thereafter 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 shall be in contempt of court and shall serve a minimum of 30 days in the county correctional facility.

 

INTOXICATION OR UNDER INFLUENCE OF DRUGS OFFENSES - THIRD OFFENSE UNDER RSA 265:82-B, II(b)(2)

 

Any person who is convicted of a third offense DWI under the above referenced statutes shall be guilty of a class A misdemeanor, fined not less than $500, and the person's driver's license or privilege to drive shall be revoked for not less than 5 years. The person shall be sentenced to not less that I80 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 based upon a formal evaluation by a licensed alcohol and other drug counselor and approved by the department of health and human services before the driver? s license may be restored. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any ordered treatment, suspend any remaining deferred sentence. Failure to successfully complete any court ordered intervention program or recommended treatment shall result in the imposition of any remaining deferred sentence.

 

INTOXICATION OR UNDER INFLUENCE OF DRUGS OFFENSES - PRIOR OFFENSES UNDER RSA 265:82-b,III

 

If a person is convicted of a violation of RSA 215-A:ll, RSA 265:82, or RSA 265:82-a, and the conviction is not based upon a complaint which alleges prior convictions as provided in RSA 265:82-b,ll, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding he date of the offense, the person?s driver?s license or privilege to drive shall be revoked/suspended for not less than one year nor more than 3 years. The court may suspend up to 6 months of this revocation/suspension, provided that within 45 days after conviction the person has entered the 7 day program at the state-operated multiple DWI offender intervention detention program or an equivalent 7 day program approved by the commissioner of health and human services. The person?s license shall not be restored until the person has successfully completed the program. The court may further order attendance at a residential treatment center, for a period not to exceed 30 days, at the person?s own expense.

 

AGGRAVATED DWI OFFENSE UNDER RSA 215-A:11, II or RSA 265:82-a

 

Any person who is convicted of an aggravated DWI offense under the above referenced statutes shall be guilty of a class A misdemeanor, fined not less than $500, and 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. The court may suspend up to 6 months of this revocation/suspension, provided that the person has entered into the relevant driver intervention program required (see next paragraph) as soon as any circumstances approved by the department of health and human services allow.

 

The person shall be 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 DWI offender intervention detention center within 21 days of conviction except that in circumstances where 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.

 

For further information visit the NH DMV website: http://nh.gov/safety/dmv/index.html