According to statistics released by WMUR TV in Manchester, NH, there were two dozen arrests made by state police during the 2012 calendar year for individuals who were driving under the influence (DUI). This does not include the many arrests made by local authorities.

Particularly at this time of year, when many drivers are traveling to and from holiday celebrations, it is important to remember that even one drink can be too many. For drivers over the legal drinking age of 21, blood alcohol content of 0.08 and above will be evidence of impaired driving. For those under the legal drinking age, 0.02 and above is considered over the limit.

Aggravated charges may arise from several situations. First, a breathalyzer at or above 0.16 will substantiate these charges. Additionally, aggravated charges may be brought for exceeding the previously stated age-specific blood-alcohol limits while practicing any number of aggravation factors including, but not limited to driving 30 miles or more over the speed limit; causing an accident resulting in serious bodily injury; attempting to elude law enforcement pursuit; or having a passenger under the age of 16. For other acts that may result in an aggravated driving while intoxicated charge, see NH RSA 265-A:3.

New Hampshire has mandatory sentencing for DUI convictions, including loss of license, fines, fees, required classes, and alcohol/drug screening. Aggravated charges also carry mandatory jail time. Other negative consequences may include a misdemeanor or felony conviction on your record, the need to obtain special insurance (SR22) and potentially, a requirement that an ignition interlock device be installed and maintained in your vehicle.

Driving while under the influence of intoxicating substances will also carry hefty sentences, even if they were prescribed by a licensed physician. If you have to question your sobriety, it is recommended that you not drive.

The New Hampshire State Police recommend the following[1] in order to limit the possibility of drunk driving:

• Plan a safe way home before the festivities begin.
• Before drinking, designate a sober driver and give that person your keys.
• If you’re impaired, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely.
• Use your Sober Rides program where available.
• If you happen to see a drunk driver on the road, don’t hesitate to contact the police by dialing 911 as soon as it is safe for you to do so.
• If you know someone who is about to drive while impaired, take their keys and help them make other arrangements to get to their destination safely.

[1]http://1.usa.gov/21poPoL

Attorney Allison Ambrose assists individuals in defending DWI/DUI charges. New clients may contact Wescott Law for a free consultation with Allison.