Legal ConsequencesLegal Consequences

Illegal Drug PossessionIllegal Drug PossessionAndAnd

Underage DrinkingUnderage DrinkingPresented by Mrs. NoëlPresented by Mrs. Noël

NH Underage Drinking LawsNH Underage Drinking Laws

NH law states “Any person under the NH law states “Any person under the age of 21 years who has in his or her age of 21 years who has in his or her possession any liquor or alcoholic possession any liquor or alcoholic beverage, or who is intoxicated by beverage, or who is intoxicated by consumption of an alcoholic beverage consumption of an alcoholic beverage shall be guilty of a violation and shall shall be guilty of a violation and shall be fined a minimum of $300.00. Any be fined a minimum of $300.00. Any second and subsequent offense shall second and subsequent offense shall be fined at least $600.00”be fined at least $600.00”

Legal Limits of IntoxicationLegal Limits of Intoxication

Legal intoxication depend on a person’s Legal intoxication depend on a person’s BAC – Blood Alcohol ContentBAC – Blood Alcohol Content

In NH for a person 21 years or older, legal In NH for a person 21 years or older, legal intoxication is having a BAC of .08 or intoxication is having a BAC of .08 or higher. (8/100ths of your blood consists of higher. (8/100ths of your blood consists of alcohol)alcohol)

In NH for a person under 21 years old, In NH for a person under 21 years old, legal intoxication is having a BAC of .02 or legal intoxication is having a BAC of .02 or higher. (2/100ths of your blood consists of higher. (2/100ths of your blood consists of alcohol)alcohol)

Penalties for Being Under 21 Penalties for Being Under 21

In NH any person who is not yet 21, In NH any person who is not yet 21, who is convicted of any offense who is convicted of any offense involving the sale, possession, use, involving the sale, possession, use, or abuse of alcohol may have his/her or abuse of alcohol may have his/her license suspended, revoked, or license suspended, revoked, or denieddenied

Reasons For License LossReasons For License Loss

Intoxication (Internal possession of Intoxication (Internal possession of alcohol)alcohol)

Using a fake IDUsing a fake IDAttempting to purchase alcoholAttempting to purchase alcoholTransporting alcohol (even closed Transporting alcohol (even closed

containers)containers)Open container violationsOpen container violationsDrug related offenseDrug related offense

How Long Would I Lose My How Long Would I Lose My License?License?

If you are under 21:If you are under 21:

You could lose your license for You could lose your license for 90 days or more for the first offense90 days or more for the first offense

6 months to 2 years for 6 months to 2 years for subsequent offensessubsequent offenses

NH DWI/DUI/OUI Law NH DWI/DUI/OUI Law

NH law makes it a crime for a person to NH law makes it a crime for a person to drive or attempt to drive a vehicle while drive or attempt to drive a vehicle while “Under the influence of intoxicating “Under the influence of intoxicating liquor or any controlled drug”liquor or any controlled drug”

It is a crime for someone 21 years or It is a crime for someone 21 years or older to have a BAC of .08 or higher.older to have a BAC of .08 or higher.

It is a crime for someone under 21 It is a crime for someone under 21 years old to have a BAC of .02 or higheryears old to have a BAC of .02 or higher

Penalties of DWI in NHPenalties of DWI in NH

11stst offense (Under 21) offense (Under 21) Jail sentence – NoneJail sentence – None Fine – Minimum: $500Fine – Minimum: $500

Maximum: $1200Maximum: $1200

In addition to all fines a 24% penalty In addition to all fines a 24% penalty assessmentassessment

***Most courts expect payment of the fine ***Most courts expect payment of the fine and penalty assessment in full the day of and penalty assessment in full the day of trial or when sentence is imposed.trial or when sentence is imposed.

11stst Offense (Con’t) Offense (Con’t)

Court ordered loss of license could be Court ordered loss of license could be between between 1-2 years1-2 years

(2 years will be mandatory if there was a (2 years will be mandatory if there was a passenger in the car under the age of 16)passenger in the car under the age of 16)

• In the case of a person with a Youth In the case of a person with a Youth Operating License, the DMV will not issue Operating License, the DMV will not issue a license before age of 21a license before age of 21

• Youth operating license is issued to a Youth operating license is issued to a person between 16-21 years old.person between 16-21 years old.

11stst Offense (Con’t) Offense (Con’t)

Required TreatmentRequired Treatmento Minimum is an Impaired Driver Intervention Minimum is an Impaired Driver Intervention

Program Program o Phase I - Approximately one weekend or 20 Phase I - Approximately one weekend or 20

hours, plus any recommended follow up hours, plus any recommended follow up treatmenttreatment

o Phase II – 7 day Multiple Offender Program will Phase II – 7 day Multiple Offender Program will be required if a passenger under the age of 16 be required if a passenger under the age of 16 was present in the vehicle and the offender has was present in the vehicle and the offender has completed phase Icompleted phase I

o The court has the right to determine if additional The court has the right to determine if additional treatment, counseling, random urine and drug treatment, counseling, random urine and drug tests are required.tests are required.

22ndnd Offense OffensePrior conviction within the past Prior conviction within the past

10 years10 yearsJail SentenceJail Sentence (where the prior (where the prior

conviction was within the past 2 conviction was within the past 2 years)years)

between 30 days to 1 yearbetween 30 days to 1 year• Jail SentenceJail Sentence (where the prior (where the prior

conviction was more than 2 years conviction was more than 2 years before the current charge)before the current charge)

between 3 days to 1 yearbetween 3 days to 1 year

22ndnd Offense (Con’t) Offense (Con’t)

FineFine

Between $750.00 - $2000.00 Between $750.00 - $2000.00 with a 24% penalty assessment feewith a 24% penalty assessment fee

***Most district courts require fines to ***Most district courts require fines to be paid in full on the date of trial or be paid in full on the date of trial or sentencing.sentencing.

22ndnd Offense (Con’t) Offense (Con’t)

Required TreatmentRequired Treatment 7 day Multiple Offender Program, 7 day Multiple Offender Program,

directly after jail. Cost is $1500.00directly after jail. Cost is $1500.00 Failure to complete the program will Failure to complete the program will

result in a 14 day jail sentenceresult in a 14 day jail sentence The court may mandate additional The court may mandate additional

treatment, counseling, or random treatment, counseling, or random urine tests.urine tests.

33rdrd Offense Offense

Jail SentenceJail Sentence Between 6 months to 1 yearBetween 6 months to 1 year

FinesFines $750.00 - $2000.00 plus 24% penalty $750.00 - $2000.00 plus 24% penalty

assessment fee – Required to be paid assessment fee – Required to be paid in full on the date of trial or in full on the date of trial or sentencingsentencing

33rdrd Offense (Con’t) Offense (Con’t)

Court Ordered Loss of LicenseCourt Ordered Loss of License IndefiniteIndefinite

Required TreatmentRequired Treatment 28 day residential treatment program28 day residential treatment program

***Court may impose additional ***Court may impose additional treatment, counseling, or random treatment, counseling, or random urine testsurine tests

44thth Offense Offense

Jail SentenceJail Sentence

Minimum: 6 monthsMinimum: 6 months

FineFine

Minimum: $750.00 plus 24% penalty Minimum: $750.00 plus 24% penalty assessment assessment

44thth Offense (Con’t) Offense (Con’t)

Court Ordered Loss of LicenseCourt Ordered Loss of License

IndefiniteIndefinite

Required TreatmentRequired Treatment

28 day residential program. 28 day residential program.

***Court may impose additional ***Court may impose additional treatment, counseling, or random treatment, counseling, or random urine testsurine tests

What is Aggravated DUI?What is Aggravated DUI?

Driver usually has a BAC of .15-.18Driver usually has a BAC of .15-.18Driver has a passenger that is a minorDriver has a passenger that is a minorDriving while intoxicated in a school Driving while intoxicated in a school

zonezone If a child was seriously injured or killedIf a child was seriously injured or killedDriver has no drivers licenseDriver has no drivers licenseCauses another person to be seriously Causes another person to be seriously

or fatally injured or causing extensive or fatally injured or causing extensive property damageproperty damage

Aggravated DUIAggravated DUI

Likely to be a felonyLikely to be a felony Places a black mark on your criminal Places a black mark on your criminal

record that may disqualify you from record that may disqualify you from certain jobs or other thingscertain jobs or other things

Aggravated DUI convictions tend to result Aggravated DUI convictions tend to result in some period of incarceration, in some period of incarceration, community service hours, a lengthy period community service hours, a lengthy period of probation, substantial fines, and a of probation, substantial fines, and a lengthy time which a driver’s license is lengthy time which a driver’s license is suspended or revoked.suspended or revoked.

Drug Possession LawsDrug Possession Laws

Drug possession laws state that “It is a Drug possession laws state that “It is a crime to possess any controlled crime to possess any controlled substance or unauthorized substance or unauthorized prescription medications”prescription medications”

The following drugs are a crime:The following drugs are a crime:

Marijuana, cocaine, heroine, LSD, PCP, Marijuana, cocaine, heroine, LSD, PCP, hallucinogens, methamphetamines, or hallucinogens, methamphetamines, or other illegal drugsother illegal drugs

Drug Possession LawsDrug Possession Laws

The laws are harsher for drugs that have a The laws are harsher for drugs that have a greater chance to cause abuse, addiction, greater chance to cause abuse, addiction, physical injury, and deathphysical injury, and death

Possession of drug paraphernalia, or drug Possession of drug paraphernalia, or drug accessories is also illegalaccessories is also illegal

Laws are harsher where the offender was Laws are harsher where the offender was arrested with a large quantity. They are arrested with a large quantity. They are charged with “Possession with the intent charged with “Possession with the intent to distribute”to distribute”

Drug Possession LawsDrug Possession Laws

Geographic location has a lot to do Geographic location has a lot to do with the offender’s punishment. The with the offender’s punishment. The penalties are harsher if the offender penalties are harsher if the offender is near:is near:

day careday care

schoolschool

housing projecthousing project

universityuniversity

Drug Possession LawsDrug Possession Laws

PenaltiesPenalties Jail or prison timeJail or prison time ProbationProbation FinesFines Compulsory treatment programsCompulsory treatment programs

Drug Possession PenaltiesDrug Possession Penalties

Penalties are based on:Penalties are based on:

Type of drug offender possessedType of drug offender possessedAmount of drug the offender possessedAmount of drug the offender possessed If offender was distributing to minorsIf offender was distributing to minors If the offender has previous drug offense If the offender has previous drug offense

convictionsconvictions

Drug Possession SentencesDrug Possession Sentences

Drug possession sentences:Drug possession sentences:

*Average number of months *Average number of months of incarceration range from 30-40 of incarceration range from 30-40 monthsmonths

According to statistics: drug According to statistics: drug possession account for 13% of all possession account for 13% of all state criminal convictionsstate criminal convictions

SourcesSources

www.onlinelawyersource.com/criminwww.onlinelawyersource.com/criminal_law/drug-possession/sentences.htal_law/drug-possession/sentences.htmlml

www.gencourt.state.nh.us/rsa/htmlwww.gencourt.state.nh.us/rsa/htmlwww.swnhlaw.com/areas-or-practice/www.swnhlaw.com/areas-or-practice/

criminal-defense/under-21-alcohol-drcriminal-defense/under-21-alcohol-drugsugs