Defining DWI : First Offense Class B Misdemeanor DWI
If you have consumed alcohol, you should consider a few things before getting behind the wheel. First, New Hampshire has an implied consent law, which means that if you are operating a vehicle on any New Hampshire road, you are automatically giving consent to physical tests and exams that will help law officials determine if you are driving while intoxicated. These tests include field sobriety tests, urine tests, and breath tests.
In New Hampshire, Driving While Intoxicated (DWI) is defined as operating or being in physical control of a vehicle on a public way, while under the influence of alcohol and/or controlled drugs. Being in physical control of a vehicle means being in the driver’s seat with a key in the ignition–even if the engine in not on.
Intoxication is determined by the amount of alcohol concentrated in your blood (Blood Alcohol Concentration level or BAC). If driving a commercial vehicle, your BAC can’t be at or above .04. If you are under 21 years of age your BAC can’t be at or above .02. And if you are over 21, your BAC can’t be at or above .08.
The penalties for a Class B Misdemeanor DWI will impact your life severely. You could lose your license for 9 months to 2 years if you are 21 or older. Under 21? Your license will be revoked for 12 to 24 months. If a passenger under the age of 16 is in the car at the time of arrest, your license will be revoked for 2 years.
First-time offenders will also be fined not less than $500, plus a 20% penalty assessment, and be required to complete an Impaired Driver Intervention Program (IDIP). If you had a passenger under the age of 16 in the vehicle, you will also be required to complete a 7-day residential Multiple Offender Program (MOP).
Finally, if you’re a first-time offender you will not be required to serve time in jail. You will, however, incur six demerit points on your driving record and the court may require you to install ignition interlock devices on all vehicles registered to you as well as any vehicles you use. If you are under 21, the court may require ignition interlock devices until you turn 21, however long that may be. You will be responsible for the cost of installation, calibration and maintenance of all interlock devices required.
In short, even first-time offenders can pay dearly for a First Offense Class B Misdemeanor DWI. Fair warning.
My child was arrested last December for a dwi and was 16 at the time. It has now been a year. Will my child lose his license for an additional twenty days due do it being his first driving offense? (In NH)
I have been reading on the internet that a first time, non-aggravated DUI is classified as a violation in NH, not a misdemeanor. It says a second offense is a misdemeanor. Has the law changed recently for a first time DUI?
As you know not all the information that you find on the internet is
correct. Unfortunately, DWI first offense, not aggravated, is a class B
misdemeanor. After one year from the date of sentencing you can
petition the court to have the criminal offense reduced to a violation.
However, the DWI remains on your DMV record for ten years.
I REALLY liked your post and blog! It took me a little bit to find your site…but I book marked it. Would you mind if I but a link back to my site?
Users of Ignition Interlock Devices should be aware that alcohol readings are not always caused by alcohol in the user”’’s bloodstream, this is only one of three possible causes. Alcohol readings can also be caused by a malfunction of the interlock device or the device mistaking another substance for ethyl alcohol in the user”’’s bloodstream. In my practice as a Massachusetts Interlock Device Defense Lawyer, I have personally seen common products such as hand sanitizer, power bars, chewing gum, windshield washer fluid, anti-freeze, baked goods, and flavored coffee all be mistaken by interlock devices as alcohol. Interlock users should be aware of the possibility of contamination by these and other sources.
All interlock users should take steps to protect themselves from false positive interlock readings. These steps include documenting any unusual occurrences with the IID, immediately reporting false interlock device readings, and not ingesting anything except water before or during interlock usage. One of the best things you can do when you get a false positive reading is to immediately go to a police station or hospital to get a comparison blood alcohol test.
Ignition Interlock Devices should not be mistaken for the more reliable breathalyzer. Interlock devices, which use non-ethyl alcohol specific fuel cell technology, are not as reliable as evidentiary breathalyzers, which use infra-red technology to determine blood alcohol content. IIDs are not breathalyzers, but inexpensive lockout devices. Their primary purpose is not to collect scientific evidence.