When Cooperation Leads to Conviction-New Hampshire's "Minor in Possession of Alcohol" Law

Hello. Below you will find a copy of the current (2007) version of New Hampshire's "Unlawful Possession and Intoxication" statute: RSA 179:10. As you can see, if a person under the age of 21 blows into a portable breath test (PBT) gadget, and the "result" is a .02 or higher, they are presumptively GUILTY of this serious charge. If the person DOES NOT BLOW into the gadget, there is no such presumption of guilt. The decison whether to blow into the gadget is an important one. YOU CANNOT BE FORCED TO BLOW INTO THE HAND HELD BREATH TESTING GADGET! Choose whether to give evidence against yourself carefully. If you are convicted of this offense you can LOSE YOUR DRIVING LICENSE even if you were not in a car at the time of your arrest! Here is the law:

RSA 179:10

179:10 Unlawful Possession and Intoxication. [Para. I as effective prior to one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out below.]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.