A DUI in NH charge can be based on impairment by alcohol, drugs, or a combination of both. Even prescription or over-the-counter medications, when they impair your ability to drive safely, can lead to criminal charges.
If you’re facing a DWI involving more than one substance, here’s what you need to know about how the law treats these cases… and how we can help you navigate these nuances.
Alcohol, Drugs, or Both: It’s All Still DWI
New Hampshire DWI law does not require that a driver be impaired by alcohol alone. A person may be charged and convicted for:
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Driving under the combined influence of alcohol and drugs
The presence of multiple substances doesn’t automatically “elevate” a DWI charge; it’s the impairment, not the specific combination, that matters. The prosecution must show that the driver was under the influence to a degree that impaired their ability to drive.
When a DWI Becomes “Aggravated” in New Hampshire
While drug and alcohol combinations don’t by themselves make a DWI aggravated, certain behaviors or circumstances do.
A DWI charge can be elevated to Aggravated DWI if any of the following apply:
- Blood Alcohol Content (BAC) of 0.16% or higher
- Driving 30+ mph over the posted speed limit
- Causing a motor vehicle accident that results in serious injury
- Attempting to elude police
- Driving without headlights at night while impaired, to elude to police
These aggravating factors come with harsher penalties, including longer license suspensions, increased fines, mandatory jail time, and the installation of an ignition interlock device.
Prior Offenses Make a Big Difference
New Hampshire also treats repeat DWI offenses very seriously. A DWI can be elevated to a second or third offense if the driver has prior convictions on their record.
The penalties for repeat offenses escalate quickly and can include:
- Mandatory jail time
- Multi-year license suspensions
- Lengthy alcohol or drug treatment programs
- Permanent criminal record impact
What to Do if You’re Facing a Drug-Related DWI
Drug-related DWI charges are often more complicated to defend than alcohol-only cases. Unlike a breath test for BAC, drug impairment usually requires:
- Field sobriety test observations
- Blood or urine samples
- Expert testimony
A strong defense may include challenging the reliability of the drug test, the officer’s probable cause, or the way the sample was handled. If prescription medication was involved, showing that the drug was taken as prescribed, and without warning of impaired driving, may also be a factor.
Defending Against a Combination DUI
These cases are complex, which is why experience matters, especially considering that DUI charges involving both alcohol and drugs are aggressively prosecuted in New Hampshire. If you’re facing these types of charges, the stakes are high, and the legal path forward can be complicated.
At Bernstein & Mello, we’ve defended an extensive roster of clients against DUI and drug-related charges across New Hampshire. Check out some of our recent case results.
“Ray is an outstanding lawyer! He explained to me everything I didn’t quite understand, and went over all the possible ways we could go about the court process for my cases. If you’re looking for someone that has your back 100% of the way, give him a call.” — G. Woodside
Contact us today for a confidential consultation. Better yet, add our number to the contacts in your phone under “Lawyer.” This way, we’re only a quick call away, should you need us.
