New Dui Law Makes Penalties Even Tougher

By Richard J. Lehmann – New Hampshire Criminal Lawyer

New Hampshire has once again updated its DUI laws, once again increasing the burden faced by people convicted of this offense.

Prior to the new law going into effect,

People convicted of DUI already faced a mandatory minimum sentence of a $500 fine and 9 month loss of driving license

people convicted of DUI already faced a mandatory minimum sentence of a $500 fine and 9 month loss of driving license. The 9 month loss of license used to be reduced to 3 months if the person completed the Impaired Driver Intervention Program (IDIP). A common problem people had under the old system was that before completing the IDIP they would be subject to an exit interview in which a counselor would attempt to determine whether the person represented an ongoing danger on the highways. Most people did not get “red flagged” but it did happen. Usually, the “red flag” could be remedied with further counseling.

The new law attempts to have this red flag process occur at the beginning of the license suspension, rather than at the back end. In addition to the previously mandatory fine and loss of license, a person convicted of DUI is now required to attend an “Impaired Driver Care Management Program” (IDCMP) within 14 days of conviction to get the 9 month loss of license reduced to 3 months. These programs are licensed by the state department of health and human services. Only time will tell of they are effective or not, but for the near term, they are causing confusion in the courts due to the fact that not all of the prior IDIPs have been approved as IDCMPs. Importantly, confusion in the courts almost always works against citizens charged with crimes.

Do not allow the fact that the police, prosecutors, and courts are confused about the implementation of this new law negatively affect you. If you are charged with DUI, or believe your rights have been violated, you should consult an experienced criminal lawyer at Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form for a case evaluation.

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