Beware! Police may be conducting a roadside sobriety checkpoint in New Hampshire this New Year’s Eve (December 31st 2013). If you are suspect of driving intoxicated, NH law enforcement may ask you to take a New Hampshire Field Sobriety Test, you do not have to take this test.
In addition they will be asking that anyone who witnesses a vehicle being operated by a person recklessly or suspect they are driving under the influence is asked to call 911 and report them to the police.
Sobriety checkpoints are locations where State or Local law enforcement is stationed on roadways to check drivers for signs of intoxication and impairment. As a DWI deterrence program many jurisdictions use sobriety checkpoints.
Sobriety Check Points By State
Not all states use sobriety checkpoints due to legal issues that surround them. Some states do not allow the use of this tactic for screening drivers on the road while other states have laws authorizing it.
States that have no explicit statutory authority may or may not use sobriety checkpoints. While in many states, the judiciary has intervened to uphold or stop sobriety checkpoints based on interpretation of state or federal Constitutions.
As of right now there are 38 states, as well as the District of Columbia, the Northern Mariana Islands and the Virgin Islands that conduct sobriety checkpoints.
Sobriety checkpoints are not being conducted in 12 states. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). The state of Texas prohibits checkpoints based on the interpretation of the U.S. Constitution.
New Drunk Driving Laws For 2013
New Hampshire’s Driving While Intoxicated Statute received an overhaul with the passage of new legislation that went into effect on January 1st, 2013.
The statute penalizing Driving While Intoxicated, NH RSA 265-A:2 was amended:
No person shall drive or attempt to drive a vehicle upon a way or operate or attempt to operate an OHRV;
Other DWI Laws
While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic , which impairs a person’s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive.Remember to drink responsibly, designate a driver or call a cab, and have a Happy New Year!
For more information visit: DWI Laws and Penalties in NH
By DWI Lawyers NH