Although it seems like mud season may last all spring, the weather will eventually warm up; and many agree that summers in New England are worth the wait. With our beautiful New England summers, however, there come a number of activities and events that can increase the risk of getting stopped for DUI, such as:
Baseball: America’s national pastime and cold beer often go together like a hand in, well . . . a glove. If you are going to be enjoying a few brews at a ballpark near you, a little planning ahead could go a long way to keeping you from riding the pine (i.e., losing your license for a minimum of at least three months).
Music: As the weather warms up, concert and festival-goers will begin to head to their favorite venues to enjoy live music—and perhaps a few cocktails too; but nobody wants their encore to be sung off key and with slurred speech by some other red-eyed drunk guy or gal that is locked up with you in the drunk tank.
Grilling out: Whether it’s a few close friends or the whole neighborhood, outdoor BBQs, parties, and events can be accompanied by the consumption of a wide variety of alcoholic beverages. Just be sensible, and know your limit. Don’t let BYOB become “Bring Your Own Bail!”
Water: Whether it is margaritas, sangria, beer, or some fancy frozen concoction; rivers, lakes, pools, and boats all combine with booze to make for a common warm weather combination. But be aware on the water: ME and NH law enforcement is trained to detect impaired boaters; and in Maine, the following agencies participate in Operation Dry Water, a year-round boating under the influence awareness and enforcement campaign that has an annual heightened awareness and enforcement period during the three-day weekend around the July 4th holiday: Maine Marine Patrol; Naples Marine Division; USCG Station Boothbay Harbor; USCG Station South Portland; USCG Station Southwest Harbor
As for the consequences of not planning ahead and not knowing your limits, the minimum mandatory sentences for the first offense in ME and NH include the following:
Maine
Minimum fine of $500, $600 if you fail to submit to a test (total of $665 or $785 with the various surcharges and special assessments);
A Court-ordered driver’s license suspension for 150 days;
Incarceration for a minimum of 48 hours if: (a) BAC was 0.15 or more, (b) driver was exceeding the speed limit by 30 miles per hour or more, (c) driver eluded or attempted to elude an officer, or (d) there was a passenger under 21 years of age in the vehicle; and
Incarceration for a minimum of 96 hours if the driver fails to submit to a test at the request of a law enforcement officer.
New Hampshire
Minimum fine of $500 (total of $620 with the mandatory penalty assessment);
Referral by the Court to an Impaired Driver Care Management Program (IDCMP) with requirement to submit to an alcohol and drug abuse screening within 14 days of conviction (if testing demonstrates the likelihood of a substance use disorder, you must also submit to a full substance use disorder evaluation within 30 days of conviction). Driver’s are required to pay all fees associated with the IDCMP and any service plan);
Required to complete a department of health and human services approved impaired driver education program prior to the restoration of driver’s license or privilege to drive; and
Driver’s license/privilege to drive revoked for not less than 9 months (Court may suspend up to 6 months of this sentence if certain requirements are met; but the Court may require the installation of an ignition interlock device during any period of sentence reduction, and may reimpose the longer license/privilege suspension period if the defendant becomes noncompliant with the treatment recommendations at any time during the suspension period).
*It is also important to note that if you are found guilty of a DUI for operating a boat under the influence in NH, not only will you lose your privileges to operate a boat, but you will also lose your privilege to operate motor vehicles, including motorcycles. Of course, the above-referenced sentences/penalties are more severe if your conviction is a repeat offense. The lookback period is 10 years. So, if you are enjoying any spring or summer activities where alcohol is being consumed, don’t let one good time put an unnecessary damper on the rest of your summer.
Posts contained on this website do not create an attorney-client relationship and are not intended to provide legal advice. Posts are for the sole, limited purpose of providing general information only. Because most, if not all, legal matters are unique in one way or another, and because laws are subject to change, individuals are encouraged to consult with an attorney of their choosing regarding individual circumstances and legal questions/needs.
Although it seems like mud season may last all spring, the weather will eventually warm up; and many agree that summers in New England are worth the wait. With our beautiful New England summers, however, there come a number of activities and events that can increase the risk of getting stopped for DUI, such as: