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Are You A Multiple DWI Offender?

If you have been convicted of Driving While Intoxicated (DWI) more than once in New Hampshire, you will be sentenced under very specific state laws requiring mandatory jail time and completion of a Multiple Offender Program (MOP).

If you’ve been convicted of a second DWI more than two years, but not more than 10 years after your first offense, you will be sentenced to a 10-day minimum sentence in a county jail.

However, you will spend only three days in detention.

You’ll spend the remaining 7 days completing the mandatory Multiple Offender Program (MOP) at a Multiple Offender Intervention Detention Center.

Parenthetically, the same sentence will be applied if someone is convicted of a first offense DWI with aggravating circumstances. These circumstances can include a minor (someone under 21 years of age) arrested for DWI, a commercial driver whose Blood Alcohol Content (BAC) is 0.04 or above, or someone who has broken more than one law when found DWI.

If you are convicted of second DWI within two years preceding the date of the second offense, you will be sentenced to 30 days in jail, and 7 days in the Multiple Offender Program.

No matter what amount of time you are sentenced to jail, attendance for MOP participation must be scheduled within 21 days of conviction.

What is the Multiple Offender Program?
The Multiple Offender Program (MOP) is a substance abuse program. According to the New Hampshire Department of Health and Human Services (DHHS), MOP consists of:

  • An intensive 7-day, 6-night residential program. One evening is set aside specifically for family education and discussion;
  • Alcohol and other drug education, group interactions and self-assessment; and
  • An evaluation by a licensed or certified alcohol and drug counselor.

Additional time spent at the Center may be recommended. Failure to complete the program will result in a charge of contempt of court and a 14-day sentence in a county jail.

A suspended license cannot be re-instated until the program has been completed, and in some cases your license will be suspended for an even longer duration.

Is the program free?
The program is not free. Currently, the fee is $1,550.00, due upon entry into the program; however, payment plans are available. This amount is over and above any fines set by the Court, or any costs you may have to pay for reinstatement of your driver’s license after the suspension period expires.

What if the MOP can’t accommodate me within the prescribed limits?
If the MOP program cannot accommodate you because of overcrowding, the DHHS Commissioner has approved three equivalent programs to assist in reducing any backlog.

If charged with DWI, seek the counsel of an experienced DWI New Hampshire lawyer. Only an attorney with a DWI specialty will be up to date on the latest legal developments in the state. Your attorney will also help prepare a credible defense for you, and work to minimize any fines and penalties that may be assessed.

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Avoiding Arrest, Part 3: Dos and Don’ts of a Traffic Stop

Never admit to having used any kind of alcohol or drugs to an officer, regardless of the circumstances of your stop. Always remember that even prior to your arrest and being read your Miranda rights, certain pieces of information will remain admissible as evidence, such as what gave the officer reasonable cause to detain you in the first place.  If you give the officer no such cause and you are subsequently arrested, you may be able to use your own good behavior prior to the arrest as proof that the officer had no reason to detain you in the first place.

It is perfectly fine to alleviate an officer’s concerns by offering to get a ride home with a friend or take a cab.  If they accuse you of knowing that you should not be driving, let them know that you absolutely do not agree that you are impaired in any way, but that you realize the officer is trying to do his job, and you are more than willing to cooperate in every way by obtaining alternative transportation home.

Even if you “play by the rules” all the way through the traffic stop, and even if you really are not impaired by alcohol, you may still be arrested.  However, it is important that you still remain calm.  Police officers are charged with the responsibility of keeping society safe, and if they have any suspicion that you have or will commit a crime, it is their responsibility to arrest you.  It does not mean that you will actually be charged or go to trial. It does mean, however, that you will be asked to consent to alcohol concentration tests.  If an officer smells alcohol on your breath or if you admit to having drinks before driving, you are more likely to be arrested.

Remember, the only true way to avoid being arrested for a DWI is to not drink and drive. Anyone who has had even one drink and then gets behind the wheel runs the risk of being detained or arrested for a DWI.

If you are stopped by police, remain calm and polite. Do not admit to any wrongdoing, whether it be a traffic violation or drinking before driving.  Remember that your behavior may affect whether or not you are further detained by the officer.
Willingly comply with providing your license and proof of insurance/registration card to the officer.  Do not, however, agree to any field sobriety testing.  Be polite, but firmly refuse. Do not get out of the vehicle unless you are ordered to (not requested to, but required to) by the officer.

Ask to contact your attorney immediately, and offer to get a ride home or take a cab if the officer is concerned.  Be clear about your reasons for doing this – that you are attempting to cooperate with the officer, but do not agree with his or her assessment of your impairment.

Refusing an alcohol concentration test may be admissible as evidence against you and will result in up to a two-year license suspension.  Remember that in some cases, such as when there is an accident or a death, you may be compelled to comply with alcohol concentration testing. In the next chapter, we will go over in more detail what happens if you get arrested.

This post contains excerpts from The DWI Book, the definitive guide to protecting your rights in the face of New Hampshire’s tough DWI/DUI laws.

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Pulled Over for DWI, Part 1: Talking to the Officer

When you are pulled over for a traffic stop in which an officer suspects any kind of alcohol ingestion, the officer will attempt to engage you in extended conversation. This conversation is not friendly banter, nor is he interested in hearing your answers.  The only thing the officer is doing is attempting to measure your impairment and find reasonable cause to detain you further or do more testing.

Be polite, provide your identification and vehicle registration, and answer necessary questions shortly and succinctly.  Do not try to explain your way out of the stop, do not offer additional information, and do not attempt to argue with the officer.  Never volunteer where you were, what you were doing, or how much you had to drink.
Even more importantly, do not curse or argue with the officer.  Realize that, while you are stopped, the officer will be looking for any clues that you are too impaired to drive.  Your behavior can be a clue and may be accepted as reasonable cause to conduct additional testing or to arrest you.  Be polite to the officer, remain as calm as possible, and remember that whatever you do or say may find its way into a courtroom as very damaging evidence if you are arrested or charged with DWI.

To read more, stay tuned for Part 2: Field Sobriety Tests

This post contains excerpts from The DWI Book, the definitive guide to protecting your rights in the face of New Hampshire’s tough DWI/DUI laws.

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