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New Hampshire DWI over the Legal Limit of .08

New Hampshire’s driving while impaired (DWI) “per se” laws make it a crime to drive with a blood alcohol content (BAC) of .08% or higher. In fact, you don’t even have to be impaired to be charged with drunk driving—your BAC is all the proof the prosecution needs to try you for DWI. If you have recently been arrested for DWI in New Hampshire after testing over the legal limit of .08%, you should speak with a qualified DWI lawyer to begin preparing your defense.

The penalties for a DWI over the legal limit depend on a number of factors, such as the number of prior offenses on your record and the circumstances of your arrest. For a standard first offense DWI conviction, you could be sentenced to fines, a license suspension, and alcohol education courses. For a second offense, you could be ordered to spend time in a county correctional facility as well as a Multiple Offender Program (MOP).

You could be charged with aggravated DWI if your BAC was over .16% (twice the legal limit), you were driving faster than 30 miles per hour over the speed limit, you tried to flee from the police, you were transporting a minor under the age of 16, or you caused an accident resulting in serious personal injury.  If convicted of aggravated DWI, you can be sentenced to 3 days to 12 month in jail, 7 days in a MOP center, fines ranging from $750 to $2,000, a 12-month to 2-year license suspension, and the installation of an ignition interlock device in your car.

To determine your BAC, the officer may ask you to take a breathalyzer or blood test. You should keep in mind that these tests are not always accurate; therefore, if you test over the legal limit, there may still be a way to challenge the results.