New Hampshire Laws: "Minor in Possession of Alcohol" or "Unlawful Intoxication"

Hew Hampshire DWI Laws. http://www.byebyedwi.com

This is "back to school week" at our New Hampshire colleges and universities, and this also spells an unusually high number of arrests for "minor in possession of alcohol" and "underage intoxication" (meaning intoxication by alcohol by a person under the age of 21. Here is the current state of New Hampshire’s “minor in possession of alcohol” and “unlawful intoxication by a minor”. The law that governs these charges is found at RSA 179:10, which I have reproduced below. If you are charged with this it is important to realize that the state is about to try to take away your right to drive, even if this incident did not involve driving. Here is a copy of the law:

RSA 179:10 (2010)

179:10 Unlawful Possession and Intoxication.

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.

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.

It is important to speak with a lawyer before you go to Court. "Going to the Court date and seeing what will happen" is not a good idea; nothing good will happen if you wait to see what will happen. If you were arrested at UNH this weekend your arraignment is probably on or about September 23rd. It is important to know your rights before they are taken away. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
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Many states have laws like this regarding underage drinking. If you've been arrested in Virginia contact Virginia DUI Lawyer:

1 comment:

  1. Thanks for sharing about the state trying to take away your license even if your charge doesn't involve driving. I think that's a very important fact for everyone in New Hampshire to know!