You can be charged with driving under the influence (New Hampshire DUI) or driving while intoxicated (DWI) in New Hampshire in one of two ways. Under the common-law drunk driving laws, you are guilty of DUI if your driving appears unsafe and you have drugs or alcohol in your system. The presence of alcohol is determined based on physical appearance and field sobriety testing. You can also be arrested based on the state's per se law, which states that you are not allowed to drive with a blood alcohol content (BAC) of .08% or higher.DUI Arrests in New Hampshire
If you are arrested for DUI in New Hampshire, you need to contact a DUI defense attorney immediately. You only have 30 days to request a hearing to protect your right to drive. If you do not request this hearing, your license will automatically be suspended.
At the time of your arrest, you will be asked to submit to a BAC blood, breath, or urine test. You can refuse to take this test, but because New Hampshire is an implied consent state, refusal will mean additional consequences. You should talk to your attorney before deciding whether or not to take the BAC test.
You will face a trial in the criminal courts as a result of your New Hampshire DUI arrest. This trial is not a jury trial. Only those with aggravated DUI charges have the right to a trail by jury in New Hampshire.Basic Consequences for First Time Offenders
If you are facing a non-aggravated first-time DUI offense, you can expect to face the following consequences:
There is no jail time for a first DUI offense. However, any aggravating factors such as high BAC or driving with a minor in the car will increase these penalties. For instance, your vehicle registration may be revoked as a result of aggravating circumstances. Subsequent offenses carry stronger penalties.License Suspension for New Hampshire DUI
Your license will be suspended as a result of your New Hampshire DUI. If you do not request your hearing, the license will automatically be suspended for 180 days. Otherwise, typical license suspension times are as follows:
If you refuse to take the BAC test, you will have to serve 180 days of suspension on top of what the courts give you. The state of New Hampshire rarely offers work or hardship licenses for those with DUI convictions.Insurance Consequences
Insurance consequences are another part of a New Hampshire DUI conviction. You will likely find that your insurance rates skyrocket after your conviction. If they do not increase, it will be because your carrier dropped your coverage. If you are serving your license suspension time and decide to drop your coverage, finding a new carrier may be a challenge. Many insurance carriers will not take on new clients with recent DUI convictions due to the high level of risk associated with these drivers