In New Hampshire If You Blow Into the Breath Test Hose You Might End Up in Jail

Go to jail simply because you cooperated with the police on the night of your arrest????? That couldn't be the law, could it? It sounds counterintuitive. Most citizens, raised to respect and obey police officers, think that cooperating with the police after a New Hampshire DWI arrest by blowing into the breath testing hose when asked to might help them. In some cases, blowing into the breath test hose can lead directly to the driver going to jail! If a driver blows into the hose and the machine says the "result" is a .16 or higher, that driver will face severely enhanced punishment, including a jail sentence of 10 days up to a year. That's right, cooperate and the state will try and jail you for helping them, all because you blew into the black rubber breath testing hose. This law comes as a shock to most people, but it is what it is. Even if you have no criminal record, not even a speeding ticket, you face mandatory jail time if the machine says that you blew a high number.

Also strange is this law's requirement that a driver convicted under this law has to complete a "multiple offender program" even if he or she is not a "multiple offender". The relevant portion of New Hampshire's "Aggravated DWI" penalties are below. It is ironic that a driver who refuses to blow into the breath hose does not go to jail on a first offense, yet a driver with no record who does as the police ask him and blows into an old breath testing hose faces automatic jail time because he submitted to a breath test when the police requested one. Choose carefully whether you want to incriminate yourself, and whether you want to expose yourself to a mandatory minimum jail sentence simply by blowing into the hose at the police station.

HERE ARE THE AGGRAVATED DWI PENALTIES:


RSA 265:A-18
I. (b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c), shall be: (1) Guilty of a class A misdemeanor; [Subparagraph (2) effective until one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also subparagraph (2) set out below.] (2) Fined not less than $750; [Subparagraph (2) effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also subparagraph (2) set out above.] (2) Fined not less than $500; (3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive 24-hour periods or such other time as the court may order; (4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) as soon as any circumstances approved by the department of health of human services allow; (5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other test as the court may deem appropriate; and (6) A person who leaves the relevant driver intervention program required by subparagraph IV(a)(3) before completion and fails to return and complete it as soon as extenuating circumstances approved by the department of health and human services allow or who fails to begin following treatment recommendations within the time required by subparagraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in the county correctional facility.

If you have any questions about a DWI or aggravated DWI charge in New Hampshire please feel free to contact me for a free intial consultation at 603-893-0074.

Mark Stevens
5 Manor Parkway
Salem, NH 03079
Tel 603-893-0074


http://www.ByeByeDWI.com

http://www.ByeByeDUI.com

http://www.ByeByeOUI.com


Legal Advertising