2005 New Hampshire Law Changes

The State Legislature passed several new laws in 2004. This is just a short description of some of the new laws that may be of interest. Copies of the entire laws may be accessed at WWW.NH.GOV website.

Driving While Intoxicated DWI NH RSA 265:82 is a driver who is under the influence of intoxicating liquor or any controlled drug or has a Blood Alcohol Content (BAC) of 0.08 or more, or if under the age of 21 a BAC 0.02 or more, or if they are driving a commercial vehicle and have a BAC of .04 or more. Aggravated DWI RSA 265:82-a is a driver who has a BAC of 0.16 or more. Remember, DWI is any degree of driver impairment.

Effective January 1, 2005 the DWI laws were changed to state that any person convicted of a DWI on an Off - Highway Recreational Vehicle (OHRV) or a vehicle, shall be guilty of a Class B Misdemeanor, instead of a violation. A Class B Misdemeanor is a criminal offense and means that a fine can be imposed. The minimum fine now increases from $350.00 to $500.00. A conviction requires completion of a successful impaired driver intervention program, prior to getting your license back. It also provides additional options to the court where they may sentence the offender to additional alcohol and or drug treatment programs and may require the person to submit to random urinalysis or such other test as the court may deem appropriate.

Any person convicted of Aggravated DWI shall be guilty of a Class A Misdemeanor rather than a Class B Misdemeanor. A Class A Misdemeanor is also considered a criminal offense and this means that a fine and a sentence of imprisonment can be imposed. The law states that a fine of not less than $500.00 and a mandatory sentence of not less than 10 days (of which 3 days shall be served in a county correctional facility and 7 days shall be served at the state operated DWI offender program) shall be imposed. The sentence shall begin 21 days after the conviction. Failure to complete the sentence or the offender program will result in a minimum of 14 days in jail. The driver’s license will be revoked for not less than 18 months and for up to two years. The law also provides additional options to the court where it may sentence the offender to additional alcohol and or drug treatment programs and may require the person to submit to random urinalysis or such other test as the court may deem appropriate.

For a second offense DWI, the offender shall be guilty of a Class A Misdemeanor and fined not less than $500.00. If the offense occurs less than 2 years prior to the first conviction, the offender shall be sentenced to a mandatory sentence of not less than 37 days, (of which 30 days are served at a county correctional facility and 7 days are spent in the state multiple DWI offender program). If the prior conviction was more than 2 years but less than 10 years, then they shall be sentenced to a mandatory sentence of not less than 10 days (of which 3 days shall be served in a county correctional facility and 7 days at the multiple DWI offender program.) Their license shall be revoked not less than 3 years.

For a third offense DWI the offender shall be sentenced to a mandatory 180 days of which 30 days shall be served in a county correctional facility and at least 28 days shall be completed in a residential facility at their own expense.

RSA 265:82-a pertaining to Aggravated DWI was also changed to provide that any person who operates a OHRV, boat or vehicle while under the influence of intoxicated liquors or controlled drug and simultaneously carries a passenger under the age of 16 in or on said vehicle, is guilty of Aggravated DWI.

New as of May 7, 2004

RSA 644:18 finds a person guilty of a Misdemeanor if they own or have control of an occupied structure, dwelling or in the area around your house, where a drug or underage house party is held. A “drug” or ‘underage alcohol house party” is defined as a gathering of 5 or more people under the age of 21, where at least one person under the age of 21 unlawfully possesses or consumes alcoholic beverages or controlled drugs. This does not apply to legally protected religious observances (such as a wedding).

RSA 638:26 titled Identity Fraud has been changed to increase the penalty to a Class A Felony; a Class A Felony may result in a maximum sentence of 15 years imprisonment. A person is guilty of Identity fraud when the person: Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value; obtains or records personal identifying information about another person without the express authorization of such person with the intent to pose as such person; obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.