The first significant change is that an individual can be convicted of a DWI if the State can prove that the accused individual was under the influence of any substance that impairs his or her ability to drive. Previous to this change, the State had to prove that the accused individual was under the influence of alcohol or a "controlled substance." Now, the statute has been changed so that it is against the law to be 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[.]" Significantly, the New Hampshire Supreme Court has already defined "under the influence" as impairment to any degree (which is the strictest definition in the nation). This change to the law dramatically affects New Hampshire residents and other motorists driving in New Hampshire as they could easily find themselves facing a DWI charge (as opposed to a traffic violation) if the State determines the motorists have a prescription medication, or even Tylenol, in their bodies at the time of the traffic violation.
The next major change is that the alcohol programs associated with DWI convictions are being completely revised. Prior to 2013, if an individual was convicted of DWI, he or she would have to attend one of three programs: (1) an impaired driving intervention program (IDIP) for a first offense, (2) a multiple offender program (MOP) for an aggravated DWI or second offense, (3) a 28-day inpatient program for a third or more offense. Effective January 1, 2013, if an individual is convicted of a DWI, he or she will have to complete the Impaired Driver Care Management Program (IDCMP). The intake for the program must be done within 14 days of the conviction date. At the IDCMP, a determination is made as to whether or not the individual is at high risk to re-offend. If so, the program will require him or her to successfully complete counseling before he or she is able to have his or her license reinstated. If an individual enrolls in the IDCMP within 14 days of conviction and completes the substance use evaluation within 30 days, then the 9 month loss of license may be reduced to 90 days.
A third change to the New Hampshire DWI laws is that the penalties for an aggravated DWI and second DWI have been increased. Prior to 2013, if an individual was convicted of an aggravated DWI or second DWI, he or she faced a minimum of 3 days in jail and a 7 day in-patient alcohol program. Effective January 1, 2013, an individual convicted of a DWI must serve a minimum of 17 consecutive days in jail, but 12 days may be suspended upon successful completion of the IDCMP.
A fourth major change to the New Hampshire DWI laws is that arraignments must occur within 14 days of the date of the violation.
Finally, the last major change to the New Hampshire DWI laws is that the Department of Motor Vehicles (DMV) may not require an Interlock device for any DWI conviction. Prior to 2013, Interlock devices were required to be installed by an individual convicted of an aggravated DWI and subsequent DWI offenses. Also, a judge could order an Interlock device be installed for any individual convicted of any DWI. Effective January 1, 2013, the DMV may now require any individual convicted of any DWI to install an Interlock device pursuant to RSA §265-A:36-a.