Legal Consequences Illegal Drug Possession And Underage Drinking Presented by Mrs. Noël

NH Underage Drinking Laws NH law states “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 $ Any second and subsequent offense shall be fined at least $600.00” NH law states “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 $ Any second and subsequent offense shall be fined at least $600.00”

Legal Limits of Intoxication Legal intoxication depend on a person’s BAC – Blood Alcohol Content Legal intoxication depend on a person’s BAC – Blood Alcohol Content In NH for a person 21 years or older, legal intoxication is having a BAC of.08 or higher. (8/100ths of your blood consists of alcohol) In NH for a person 21 years or older, legal intoxication is having a BAC of.08 or higher. (8/100ths of your blood consists of alcohol) In NH for a person under 21 years old, legal intoxication is having a BAC of.02 or higher. (2/100ths of your blood consists of alcohol) In NH for a person under 21 years old, legal intoxication is having a BAC of.02 or higher. (2/100ths of your blood consists of alcohol)

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

Reasons For License Loss Intoxication (Internal possession of alcohol) Intoxication (Internal possession of alcohol) Using a fake ID Using a fake ID Attempting to purchase alcohol Attempting to purchase alcohol Transporting alcohol (even closed containers) Transporting alcohol (even closed containers) Open container violations Open container violations Drug related offense Drug related offense

How Long Would I Lose My License? If you are under 21: If you are under 21: You could lose your license for 90 days or more for the first offense 6 months to 2 years for subsequent offenses

NH DWI/DUI/OUI Law NH law makes it a crime for a person to drive or attempt to drive a vehicle while “Under the influence of intoxicating liquor or any controlled drug” NH law makes it a crime for a person to drive or attempt to drive a vehicle while “Under the influence of intoxicating liquor or any controlled drug” It is a crime for someone 21 years or older to have a BAC of.08 or higher. It is a crime for someone 21 years or older to have a BAC of.08 or higher. It is a crime for someone under 21 years old to have a BAC of.02 or higher It is a crime for someone under 21 years old to have a BAC of.02 or higher

Penalties of DWI in NH 1 st offense (Under 21) Jail sentence – None Jail sentence – None Fine – Minimum: $500 Fine – Minimum: $500 Maximum: $1200 Maximum: $1200 In addition to all fines a 24% penalty assessment In addition to all fines a 24% penalty assessment ***Most courts expect payment of the fine and penalty assessment in full the day of trial or when sentence is imposed.

1 st Offense (Con’t) Court ordered loss of license could be between 1-2 years Court ordered loss of license could be between 1-2 years (2 years will be mandatory if there was a passenger in the car under the age of 16) In the case of a person with a Youth Operating License, the DMV will not issue a license before age of 21 In the case of a person with a Youth Operating License, the DMV will not issue a license before age of 21 Youth operating license is issued to a person between years old. Youth operating license is issued to a person between years old.

1 st Offense (Con’t) Required Treatment o Minimum is an Impaired Driver Intervention Program o Phase I - Approximately one weekend or 20 hours, plus any recommended follow up treatment o Phase II – 7 day Multiple Offender Program will be required if a passenger under the age of 16 was present in the vehicle and the offender has completed phase I o The court has the right to determine if additional treatment, counseling, random urine and drug tests are required.

2 nd Offense Prior conviction within the past 10 years Jail Sentence (where the prior conviction was within the past 2 years) Jail Sentence (where the prior conviction was within the past 2 years) between 30 days to 1 year Jail Sentence (where the prior conviction was more than 2 years before the current charge) Jail Sentence (where the prior conviction was more than 2 years before the current charge) between 3 days to 1 year

2 nd Offense (Con’t) Fine Between $ $ with a 24% penalty assessment fee ***Most district courts require fines to be paid in full on the date of trial or sentencing.

2 nd Offense (Con’t) Required Treatment  7 day Multiple Offender Program, directly after jail. Cost is $  Failure to complete the program will result in a 14 day jail sentence  The court may mandate additional treatment, counseling, or random urine tests.

3 rd Offense Jail Sentence  Between 6 months to 1 year Fines  $ $ plus 24% penalty assessment fee – Required to be paid in full on the date of trial or sentencing

3 rd Offense (Con’t) Court Ordered Loss of License Indefinite Indefinite Required Treatment 28 day residential treatment program 28 day residential treatment program ***Court may impose additional treatment, counseling, or random urine tests

4 th Offense Jail Sentence Minimum: 6 months Fine Minimum: $ plus 24% penalty assessment

4 th Offense (Con’t) Court Ordered Loss of License Indefinite Required Treatment 28 day residential program. ***Court may impose additional treatment, counseling, or random urine tests

What is Aggravated DUI? Driver usually has a BAC of Driver usually has a BAC of Driver has a passenger that is a minor Driver has a passenger that is a minor Driving while intoxicated in a school zone Driving while intoxicated in a school zone If a child was seriously injured or killed If a child was seriously injured or killed Driver has no drivers license Driver has no drivers license Causes another person to be seriously or fatally injured or causing extensive property damage Causes another person to be seriously or fatally injured or causing extensive property damage

Aggravated DUI Likely to be a felony Likely to be a felony Places a black mark on your criminal record that may disqualify you from certain jobs or other things Places a black mark on your criminal record that may disqualify you from certain jobs or other things Aggravated DUI convictions tend to result in some period of incarceration, community service hours, a lengthy period of probation, substantial fines, and a lengthy time which a driver’s license is suspended or revoked. Aggravated DUI convictions tend to result in some period of incarceration, community service hours, a lengthy period of probation, substantial fines, and a lengthy time which a driver’s license is suspended or revoked.

Drug Possession Laws Drug possession laws state that “It is a crime to possess any controlled substance or unauthorized prescription medications” The following drugs are a crime: Marijuana, cocaine, heroine, LSD, PCP, hallucinogens, methamphetamines, or other illegal drugs

Drug Possession Laws The laws are harsher for drugs that have a greater chance to cause abuse, addiction, physical injury, and death Possession of drug paraphernalia, or drug accessories is also illegal Laws are harsher where the offender was arrested with a large quantity. They are charged with “Possession with the intent to distribute”

Drug Possession Laws Geographic location has a lot to do with the offender’s punishment. The penalties are harsher if the offender is near: day care school housing project university

Drug Possession Laws Penalties  Jail or prison time  Probation  Fines  Compulsory treatment programs

Drug Possession Penalties Penalties are based on:  Type of drug offender possessed  Amount of drug the offender possessed  If offender was distributing to minors  If the offender has previous drug offense convictions

Drug Possession Sentences Drug possession sentences: *Average number of months of incarceration range from months According to statistics: drug possession account for 13% of all state criminal convictions

Sources w/drug-possession/sentences.html w/drug-possession/sentences.html w/drug-possession/sentences.html w/drug-possession/sentences.html practice/criminal-defense/under-21- alcohol-drugs practice/criminal-defense/under-21- alcohol-drugs practice/criminal-defense/under-21- alcohol-drugs practice/criminal-defense/under-21- alcohol-drugs