What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in New Hampshire?
In New Hampshire, a Felony DUI is an offense that involves operating a vehicle while under the influence of alcohol or drugs, and the driver has been previously convicted of one or more DUI offenses within the past five years. This type of DUI is more serious than a misdemeanor DUI and can result in harsher penalties. For a Felony DUI, the offender could face up to seven years in state prison, a fine of up to $4,000, and the suspension of driving privileges for up to 10 years. In comparison, a misdemeanor DUI charge carries a potential sentence of up to one year in county jail, a fine of up to $1,200, and the suspension of driving privileges for up to 30 days.Are there specific criteria or aggravating factors that elevate a DUI to a felony in New Hampshire?
Yes. In New Hampshire, a DUI can be elevated to a felony if the person has been convicted of three or more DUI offenses in the last 10 years, or if the person injured or killed someone while driving under the influence.How many prior DUI convictions are necessary for a DUI to be considered a felony in New Hampshire?
In New Hampshire, a person’s third DUI conviction within a 10-year period is considered a felony.What are some common aggravating factors that can lead to a Felony DUI charge in New Hampshire?
1. Driving with a revoked or suspended license.2. Having a prior conviction of DUI or Aggravated DWI in New Hampshire or any other state within the past 10 years.
3. Driving while under the influence and causing serious bodily injury to another person.
4. Driving with a blood alcohol concentration (BAC) of 0.16% or higher.
5. Refusing to take a chemical test after being arrested for DUI.
6. Operating a motor vehicle recklessly, with disregard for public safety.
7. Operating a vehicle with passengers under the age of 16 in the car at the time of the DUI arrest.
8. Operating a motor vehicle while on probation or parole for another criminal offense.
What are the potential penalties and consequences of a Felony DUI conviction in New Hampshire?
In New Hampshire, the potential penalties and consequences of a felony DUI conviction may include:1. Up to 7 years in prison, a fine of up to $4,000, and a license suspension of up to 2 years
2. Mandatory alcohol abuse evaluation and treatment program
3. Installation of an ignition interlock device for one year
4. Probation for up to 5 years
5. Restitution to any victims of the DUI offense
6. Possible permanent criminal record
7. Higher auto insurance premiums or even refusal of coverage due to the conviction.
Is there a mandatory minimum sentence for Felony DUI convictions in New Hampshire?
No, there is not a mandatory minimum sentence for felony DUI convictions in New Hampshire. Each case is determined on an individual basis, based on the circumstances of the offense and the defendant’s prior criminal record. The judge has the discretion to impose any sentence that is deemed appropriate.How do prior DUI convictions from other states impact Felony DUI charges in New Hampshire?
Prior DUI convictions from other states can be used to enhance the severity of a felony DUI charge in New Hampshire. If a defendant has prior DUI convictions from another state, the court may choose to impose harsher penalties for the current charge. For example, the court may order more jail time or require the defendant to complete more extensive rehabilitation programs. Additionally, if the defendant has multiple prior convictions, they may face up to seven years in prison and fines of up to $4,000.Can a Felony DUI result from DUI-related accidents causing injury or death in New Hampshire?
Yes, a felony DUI can result from DUI-related accidents causing injury or death in New Hampshire. If the driver has two or more prior DUI convictions within the last 10 years, then the charge can be a Class B Felony.Are there distinctions in penalties between Felony DUI and DUI involving drugs in New Hampshire?
Yes, there are distinctions in penalties for felony DUI and DUI involving drugs in New Hampshire. The penalties for a felony DUI are more severe than the penalties for a DUI involving drugs. Felony DUI is a Class B felony in New Hampshire, which carries a maximum sentence of 3 ½ to 7 years imprisonment and a maximum fine of $4,000. A DUI involving drugs is classified as an aggravated DUI, and is a Class A misdemeanor, which carries a maximum sentence of up to one year in jail and a maximum fine of $2,000. Additionally, repeat offenses of either type of DUI can result in even more severe penalties.Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in New Hampshire?
Yes, commercial driver’s license (CDL) holders face unique consequences for Felony DUI in New Hampshire. Commercial drivers convicted of a Felony DUI in New Hampshire can face permanent disqualification from holding a CDL, meaning that they will no longer be allowed to operate commercial vehicles. In addition, the CDL holder will have their license suspended for at least three years and may face additional penalties including fines, jail time, and community service.What is the role of ignition interlock devices (IIDs) in Felony DUI cases in New Hampshire?
In New Hampshire, an ignition interlock device (IID) is required for all felony DUI offenders, as part of the court-imposed sentence. This means that the vehicle must be equipped with an IID in order to be driven. If an IID is not installed after a felony DUI conviction, the offender’s license will be suspended indefinitely. The offender must also submit to periodic breath tests while driving in order to confirm sobriety. If an offender fails a breath test, the ignition interlock device will prevent the vehicle from starting and the officer will be notified.Is there a possibility for plea bargains or reduced charges in Felony DUI cases in New Hampshire?
Yes, plea bargains and reduced charges are possible in Felony DUI cases in New Hampshire, depending on the circumstances of the case. The defendant and their attorney can negotiate with the prosecutor to reduce the charges or sentence in exchange for a guilty plea.Can individuals with Felony DUI convictions regain their driving privileges in New Hampshire?
Yes, individuals with felony DUI convictions can regain their driving privileges in New Hampshire, but they must meet certain requirements. In order to do this, they must complete an alcohol/drug evaluation, attend a victim impact panel, complete any court-mandated treatment program, and obtain an SR-22 insurance form. After all of these requirements have been met, they can then apply to the New Hampshire Department of Safety for a license reinstatement.How does a Felony DUI affect employment opportunities and background checks in New Hampshire?
A felony DUI can have a significant impact on employment opportunities and background checks in New Hampshire. Employers may view an individual with a felony DUI as a potential liability and may choose not to hire them. Additionally, background checks may reveal the felony conviction, which can potentially disqualify an individual from certain job positions.Are there diversion programs or rehabilitation options for Felony DUI offenders in New Hampshire?
Yes, New Hampshire offers a variety of diversion and rehabilitation options for felony DUI offenders. The type of program and length of supervision will vary depending on the seriousness of the offense and the offender’s criminal history. Possible options include alcohol and drug treatment, probation, community service, restitution, and house arrest. The State also offers a Felony DUI Diversion Program, which allows qualifying offenders to complete an alcohol education program in lieu of jail time.What rights and legal options do individuals charged with Felony DUI have in New Hampshire?
Individuals charged with Felony DUI in New Hampshire have the same rights and legal options as any other criminal defendant in the state. These include the right to an attorney and the right to a fair and speedy trial. Defendants may present evidence on their behalf, call witnesses to make a case, and cross-examine any witnesses called by the prosecution. The defendant may also plead not guilty, guilty, or no contest to the charges. Depending on the circumstances of the case, other options to resolve the charges may include plea bargaining and probation.Can a Felony DUI conviction impact child custody and visitation rights in New Hampshire?
Yes, a felony DUI conviction can have an impact on child custody and visitation rights in New Hampshire. In the state of New Hampshire, a court will review any felony convictions when making a decision on child custody and visitation rights. If the court finds that the felony conviction affects the best interests of the child, they may take it into account when making a decision on custody and visitation rights.Is there a statute of limitations for prosecuting Felony DUI cases in New Hampshire?
Yes, there is a statute of limitations for prosecuting Felony DUI cases in New Hampshire. The statute of limitations is three years from the date of the offense.How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in New Hampshire?
Out-of-state DUI convictions are handled the same as any other DUI conviction in New Hampshire. If an individual is charged with a Felony DUI in New Hampshire, they will be required to appear in court and may face a jail sentence in addition to fines, license suspension, and community service. If an individual has prior convictions, or “priors,” from out-of-state, these will also be taken into consideration when sentencing.What resources or organizations provide support and guidance for individuals facing Felony DUI charges in New Hampshire?
1. New Hampshire State Bar Association: The NH State Bar Association provides legal advice and support to those facing felony DUI charges in New Hampshire. Their website provides free legal resources, contact information for attorneys specializing in DUI law, and more.2. Mothers Against Drunk Driving (MADD): MADD is a national organization dedicated to the prevention of drunk driving and the protection of victims of drunk driving. They provide support and resources to those facing felony DUI charges in New Hampshire, including victim impact panels, financial assistance, and more.
3. The Law Office of William H. Sherman: Attorney William H. Sherman specializes in criminal defense with a focus on felony DUI cases in New Hampshire and provides legal advice and representation to those facing such charges.
4. American Civil Liberties Union (ACLU): The ACLU provides legal advice and support to individuals facing felony DUI charges in New Hampshire, including providing pro-bono legal services to those who qualify.
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