nh personal injury attorney

NH DUID: Driving Under the Influence of Prescription Drugs

 

As most people know, driving while under the influence of alcohol is a crime in New Hampshire. What many people may not know, however, is that impaired driving caused by prescription drugs is considered a New Hampshire DUID, or driving under the influence of drugs.

But what exactly does “under the influence” mean? In New Hampshire and in every other state, driving with a blood alcohol content (BAC) of 0.08 percent or higher is considered prima facie evidence, or a presumption, that you are under the influence of alcohol. Studies on motorists and alcohol have indicated that most motorists at this level have impaired judgment, and have led legislators to codify this standard into law.

Driving under the influence of prescription drugs in New HampshireWhat happens, however, when a person takes a legally prescribed medication, operates a motor vehicle, and is stopped by a police officer for a traffic violation, erratic driving, or some other permissible reason and is suspected of being under the influence?

There are no breath devices, like an intoxilyzer, that can measure the level of, or detect the presence of, a certain drug in your body. Further, there is no uniform standard like there is for alcohol that indicates that a person is unlawfully under the influence of a drug that has impaired his or her driving conduct.

Also, drugs, unlike alcohol, can remain in your system for days or weeks at a time. Even if a drug was detected by a blood or urine test, there is no evidence when you first ingested it, or how long it has been in your system, or that it influenced your driving at the time you were stopped.

Further, impairment by a drug varies according to an individual’s weight, height, the dosage taken, tolerance level, and if it was taken with other drugs.

Driving and Prescription Drugs

Driving under the influence of prescription drugs, or any illegal drug, is a criminal offense and is generally a misdemeanor unless there are aggravating circumstances accompanying the charge that can enhance it to an aggravated DWI or felony.

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Felony DWI in New Hampshire

While DWI is usually a misdemeanor charge, there are circumstances that can cause the courts to upgrade the DWI charge from a misdemeanor to a felony. Aggravated DWI becomes a Class B felony if the offense caused serious bodily injury.

LFelony DWI in New Hampshireikewise, your fourth DWI conviction (out-of-state convictions included) will result in a felony conviction. New Hampshire will consider all offenses within the last 10 years. Felony DWI convictions require active jail time and mandatory license suspension.

The penalties for Felony DWI in New Hampshire include all of the penalties for aggravated DWI but carry even higher fines and more jail time. You will also be required to carry special insurance coverage. New Hampshire does not require its drivers to carry automobile insurance. Drivers who have been convicted of DWI or have been in an accident and were unable to pay for the damages and/or medical bills to the other party, are required to provide an SR-22 certificate from an insurance company to the NH DMV. This requirement also applies to out-of-state drivers.

Felony DUI

Because Felony DUI is a Class B felony, the courts can order you to serve 3½ to 7 years in prison. In New Hampshire, the terms DWI (Driving While Impaired), DUI (Driving Under the Influence), and OUI (Operating Under the Influence) are interchangeable.

NH Felony DWI Attorney – Russman Law Offices

Upon being charged with a serious offense such as aggravated DWI or Felony DWI, you will need a good attorney by you side to ensure that your rights are protected. Attorney Ryan Russman has the training and skills to guarantee that you receive the best defense possible.

Attorney Russman is a leading legal authority on DWI in New Hampshire. He is Board Certified by The National College for DUI Defense. He is also the author of two books on New Hampshire DWI. To aid in his clients’ defense, attorney Russman is a certified, evidentiary breath technician on the Intoxilyzer 5000EN.

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How a New Hampshire DWI Conviction Can Affect Military Personnel

DWI charges as a civilian in New Hampshire can be severe. Even for a first offense, you may receive a fine, probation, a temporary loss of driving privileges or even jail time. If you are active-duty personnel and receive a DUI in the Army, Navy or Air Force – the potential consequences for a military DUI charge can be even more serious.

Why a military DUI is more severe than a civilian DWI charge

military dui attorney in new hampshireMilitary personnel are held to a higher standard than civilians. Part of that higher standard is a “zero tolerance” policy toward driving while intoxicated. As a civilian, the state-mandated blood alcohol threshold for a DWI charge is 0.08%. While this rule of state law applies to armed-services personnel driving around Manchester, Portsmouth or anywhere in New Hampshire, military courts can discipline military personnel even if their blood-alcohol level is below the state-defined threshold for DUI charges.

Aside from the possibility of being charged separately as a civilian and as active-duty military, military courts do not adhere to the same sentencing laws as civilian courts. In fact, there are no maximum sentencing laws for military DUI, so the severity of the disciplinary action is left to the discretion of the court. Even if you avoid DUI charges by the state, there could be serious consequences for your military career.

DUI and military service – potential consequences

DUI in the Army, Marine Corps or any other branch of the armed services is a serious charge with the potential to have career-ending consequences. In some cases, a military DUI can result in a dishonorable discharge with the loss of benefits and potentially even incarceration. However, in other cases, disciplinary actions only effectively end a military career while not completely terminating it.

Other disciplinary actions can include loss of rank, pay reduction, loss of driving privileges, loss of special clearances and the inability to advance in pay or rank. At the very least, a disciplinary note will be added to your permanent record, which can hamper your career in the military.

Fighting a military DUI charge

Ultimately, it’s up to the courts to decide the disciplinary outcome of your offense. If you’re facing a military DUI charge, your best option is to hire a DUI attorney who is familiar with military law so that you can resolve this issue with the best potential outcome.

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New Hampshire Requirement for SR-22 Insurance After a DWI Conviction

NH SR-22 Requirements after being convicted of dwiUnlike most states, New Hampshire does not generally require drivers to carry automobile insurance. However, after a conviction for Driving While Intoxicated (DWI), New Hampshire requires drivers to carry a minimum auto liability insurance policy even if they do not own a vehicle. The minimum coverage required is $25,000 for bodily injury for each injured person with a maximum of $50,000 for bodily injury if more than two people are hurt, and $25,000 for property damage. This is commonly written as a 25/50/25 policy.

SR-22 Insurance Form

In order to show the state that a driver has current car insurance, the insurance company needs to file an SR-22 form with the DMV. Because a person must make a special request to the insurance company, there is a misconception that SR-22 is a type of insurance. But, SR-22 does not refer to a specific type of insurance policy, just the form filled out by the insurer. Most insurance companies charge a small fee for providing and transmitting SR-22 information to the state DMV.

High Risk Auto Insurance

SR-22 insurance is often confused with high-risk auto insurance. When insurance companies refuse to provide car insurance to a driver, he or she can enter the high-risk pool where an insurance company will be required to cover the driver.

High-risk insurance is typically very expensive. Although insurance rates will increase after a DWI conviction and there may be circumstances where a person is required to purchase high-risk insurance and have an SR-22 form on file, high-risk insurance and SR-22 policies are two different subjects.

Two Types of SR-22 Insurance

  1. Owner-Type: If you own one or more vehicles, you will be required to get the “owner-type” policy that provides liability coverage for all of the vehicles you own.
  2. Operator-Type: If you do not own a vehicle, you will need an “operator-type” policy that covers you regardless of what vehicle you are driving. Even if you do not drive, in order to get a driver’s license reinstated, SR-22 insurance must be purchased.

NH Auto Insurance Requirements After a DWI Conviction

For a first DWI, a person must have an SR-22 policy on file for three years from the date when the suspension of driving privileges is completed. For a second DWI, this time period is extended to five years. If at any time the insurance policy lapses for non-payment, cancellation by the insured or insurer, or any other reason, the insurance company is required to notify the DMV.

Still have unanswered questions?

Contact NH DWI attorney Ryan Russman for a free consultation.

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