DUI vs. DWI Laws in New Hampshire – Food Handler's Guide

What is the legal difference between DUI and DWI in New Hampshire?

In New Hampshire, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are both considered criminal offenses. The primary difference between DUI and DWI is the level of alcohol in the driver’s blood. A DUI is issued when a driver’s blood alcohol content (BAC) is 0.08 percent or higher, whereas a DWI is issued when a driver’s BAC is 0.10 percent or higher.

Is there a distinct BAC limit for determining DUI vs. DWI in New Hampshire?

No, there is no distinct BAC limit for determining DUI vs. DWI in New Hampshire. The state has adopted a zero tolerance policy towards driving under the influence of alcohol, meaning that any detectable amount of alcohol in a person’s system while driving is considered drunk driving and punishable by law.

Are there different penalties for DUI and DWI convictions in New Hampshire?

Yes, there are different penalties for DUI and DWI convictions in New Hampshire. For a first offense DUI, a person may face a minimum fine of $500 and a maximum fine of $1,200, up to two years of jail time, and a driver’s license suspension of nine months to two years. For a first offense DWI, a person may face a minimum fine of $500 and a maximum fine of $1,200, up to two years of jail time, and a driver’s license suspension of a minimum of six months and up to two years.

How do DUI and DWI offenses affect an individual’s driving record in New Hampshire?

In New Hampshire, a DUI or DWI conviction will result in a permanent criminal record, severe fines, and the suspension of your driver’s license. If you are convicted of a DUI or DWI, the New Hampshire Department of Safety will add 12 points to your driving record. This may result in an additional suspension of your license, typically for a period of at least one year. Additionally, if you are convicted of a DUI or DWI in New Hampshire, you will likely be required to attend an alcohol or drug treatment program and/or complete community service hours.

Do DUI and DWI convictions result in the suspension or revocation of a driver’s license in New Hampshire?

Yes. In New Hampshire, a conviction for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) can result in the suspension or revocation of a driver’s license. New Hampshire’s Motor Vehicle and Driver Licensing Laws state that any driver convicted of a DUI or DWI charge may have their license suspended or revoked for a period of between 6 months and 2 years.

Are there variations in the definition of impairment for DUI vs. DWI in New Hampshire?

Yes, there are variations in the definition of impairment for DUI vs. DWI in New Hampshire. In New Hampshire, a person is considered to be driving under the influence (DUI) if their blood alcohol content (BAC) is at or above 0.08%. For a driver who is 21 years of age or older, they can be charged with a DUI if their BAC is 0.04%. A driver who is operating a commercial motor vehicle can be charged with a DUI if their BAC is 0.04% or higher.

A person can be charged with driving while intoxicated (DWI) in New Hampshire if their mental or physical faculties are impaired due to the consumption of alcohol or drugs. DWIs are generally harder to prove, but will usually result in harsher penalties than DUIs.

What factors influence whether a DUI or DWI charge is pursued in New Hampshire?

1. The severity of the offense – Factors such as the amount of alcohol consumed, the driver’s blood alcohol concentration (BAC) level, and whether the driver was involved in an accident or not will all influence the severity of the offense and whether a DUI or DWI charge is pursued in New Hampshire.

2. The driver’s prior record – A person’s prior driving record, including any past DUIs or DWIs, will be taken into consideration when deciding whether to pursue a DUI or DWI charge.

3. The circumstances of the offense – The circumstances surrounding the offense, including whether or not anyone was injured or killed, if there were any aggravating factors (such as speed or recklessness), and if any property was damaged, will be taken into account when determining if a DUI or DWI charge is appropriate.

4. The officer’s discretion – Ultimately, it is up to the officer’s discretion whether to pursue a DUI or DWI charge in New Hampshire. The officer may take into account any of the previously mentioned factors, as well as any mitigating factors (such as the driver’s cooperation with the investigation), when making their decision.

Is there a mandatory minimum jail time for DUI or DWI convictions in New Hampshire?

No, there is no mandatory minimum jail time for DUI or DWI convictions in New Hampshire. However, a judge may impose jail time for a DUI or DWI conviction, depending on the circumstances of the case.

How do DUI and DWI offenses impact insurance rates in New Hampshire?

In New Hampshire, a DUI or DWI offense will have a significant impact on insurance rates. Insurance companies will often increase the rate of a policyholder’s insurance by as much as 40-50%. In some cases, insurers may even refuse to provide coverage at all for those with a DUI or DWI conviction on their record. Additionally, New Hampshire law requires that drivers convicted of a DUI or DWI take an 8-hour driver improvement course in order to have their license reinstated. This cost is also typically passed on to the policyholder, further increasing rates.

Are there diversion or rehabilitation programs available for DUI or DWI offenders in New Hampshire?

Yes, diversion or rehabilitation programs are available for DUI or DWI offenders in New Hampshire. The state has an impaired driver program that is designed to reduce repeat offenses and improve public safety. The program includes alcohol education, screening, and referral for treatment. It also includes a court-supervised probation program that includes mandatory components such as an alcohol assessment, alcohol/drug education classes, community service, and a safe driving program. In some cases, an ignition interlock device may be required.

What role does the age of the offender play in DUI vs. DWI charges in New Hampshire?

The age of the offender is an important factor in determining whether the charge is for driving under the influence (DUI) or driving while intoxicated (DWI). In New Hampshire, a person under the age of 21 can be charged with a DUI if their blood alcohol content (BAC) is 0.02% or higher. However, for those 21 and over, the BAC limit is 0.08%. Therefore, if the offender is 21 or older, they would be charged with a DWI rather than a DUI.

Do DUI and DWI laws differ for commercial drivers or CDL holders in New Hampshire?

Yes, the DUI and DWI laws differ for commercial drivers or CDL holders in New Hampshire. A commercial driver operating a vehicle with a blood alcohol content of .04% or higher will result in an immediate revocation of their commercial driving privileges for six months. Additionally, a commercial driver arrested for operating a vehicle with a blood alcohol content of .08% or higher, regardless of whether it was a commercial or non-commercial vehicle, will result in an immediate suspension of their CDL for one year.

How do DUI and DWI convictions affect employment opportunities in New Hampshire?

In New Hampshire, DUI and DWI convictions can negatively affect an individual’s employment opportunities. Depending on the nature of the job, employers may consider these convictions when making hiring decisions. For commercial drivers, a DUI or DWI conviction may disqualify them from obtaining a necessary license to operate a commercial vehicle. Additionally, employers may be hesitant to hire someone with a DUI or DWI conviction due to the potential risk they may pose in certain workplaces.

Are there enhanced penalties for DUI or DWI convictions with prior offenses in New Hampshire?

Yes. New Hampshire has enhanced penalties for DUI or DWI convictions with prior offenses. For a second offense within 10 years, the offender will be sentenced to a minimum of 10 days in jail and could face up to 2 years in prison. Furthermore, the offender will have their license revoked for 3 years, be fined up to $750, and may be required to complete an alcohol or drug safety education program. For a third offense within 10 years, the offender will face a minimum of 30 days in jail and could be sentenced up to 3 years in prison. In addition, the offender will have their license revoked for 5 years, be fined up to $750, and may be required to complete an alcohol or drug safety education program.

Is there a difference in penalties for DUI vs. DWI involving drugs other than alcohol in New Hampshire?

Yes, there is a difference in penalties for DUI vs. DWI involving drugs other than alcohol in New Hampshire. The penalties for DUI involving drugs other than alcohol are more severe than those for DWI involving drugs. For a first offense DUI with drugs other than alcohol, the penalties may include a jail sentence of up to a year, a fine of up to $2,000, and a suspension of driver’s license for up to 18 months. For a first offense DWI with drugs other than alcohol, the penalties may include a jail sentence of up to a year, a fine of up to $750, and a suspension of driver’s license for up to 12 months.

What are the legal rights and procedures for individuals arrested for DUI or DWI in New Hampshire?

Individuals arrested for DUI or DWI in New Hampshire are subject to the state’s implied consent laws. Under these laws, a person who gets pulled over and is asked to take a chemical test to check for intoxication must do so or their license will be suspended. If the test reveals that the driver is over the legal limit, the individual will be arrested and charged with a DUI or DWI.

If an individual is arrested for a DUI or DWI in New Hampshire, they have certain rights and procedures that must be followed. These include:

1. The right to remain silent: Individuals have the right to remain silent and not answer any questions posed by law enforcement.

2. The right to an attorney: Individuals have the right to an attorney at anytime during their arrest and throughout the prosecution process.

3. The right to a hearing: Individuals have the right to challenge the suspension of their license at an administrative hearing.

4. The right to a trial: If charged with a DUI or DWI, individuals are entitled to a trial in front of a judge or jury.

5. The right to challenge evidence: Individuals have the right to challenge any evidence presented against them at trial.

Can DUI and DWI charges be expunged or removed from one’s record in New Hampshire?

No, DUI and DWI charges cannot be expunged or removed from one’s record in New Hampshire. DUI and DWI convictions are permanent and will remain on a person’s criminal record for life.

Do DUI and DWI laws apply differently to minors or underage drivers in New Hampshire?

Yes, New Hampshire has different laws that apply to minors and underage drivers when it comes to DUI and DWI offenses. Under New Hampshire law, a minor or underage driver is considered to have committed a DUI or DWI offense if they are found to have a blood alcohol concentration (BAC) of 0.02 percent or higher. For adults (those age 21 and older), the BAC threshold is 0.08 percent.

How can individuals access legal representation when facing DUI or DWI charges in New Hampshire?

Individuals facing DUI or DWI charges in New Hampshire can access legal representation from a number of sources. The most common and immediate option is to hire a private attorney. Private attorneys specialize in criminal defense and are familiar with the local laws and court proceedings that relate to DUI and DWI charges. Private attorneys can work with individuals to develop a legal strategy that best suits the individual’s situation.

In addition, individuals may also access legal representation through an organization or clinic that provides free or low-cost legal services. The New Hampshire Bar Association offers a free referral service that can connect individuals with a lawyer who can provide representation. Additionally, local community organizations, such as the New Hampshire Public Defender’s Office, may offer legal assistance to those facing DUI or DWI charges. Finally, some individuals may be eligible for court-appointed legal representation if they cannot afford to hire a private attorney.

What resources are available to help individuals understand and navigate DUI vs. DWI laws in New Hampshire?

1. New Hampshire Department of Safety – The Department of Safety offers a variety of resources to help individuals understand and navigate DUI vs. DWI laws in New Hampshire, including a DUI/DWI Fact Sheet, a guide to DWI Penalties in NH and the DMV’s Alcohol and Drug Abuse Prevention Program (ADAPP).

2. New Hampshire Bar Association – The Bar Association provides a comprehensive guide to DUI and DWI laws in NH, including information about the legal process, penalties, suspension/revocation periods and more.

3. New Hampshire Attorney General – The Attorney General’s website provides a wide range of information about DUI and DWI laws in NH, including the state’s legal definitions of both offenses, penalties and the consequences of a conviction.

4. National Highway Traffic Safety Administration – The NHTSA’s website provides an extensive overview of DUI and DWI laws across the country, including New Hampshire-specific information about penalties, blood alcohol content limits and more.