How Are People Accidentally Getting DUIs in New Hampshire?

With all of the rideshare options we have now, there is absolutely no excuse to drink and drive! (not that there ever was) It is crazy that people would risk their safety and the safety of others because they don't want to deal with going to get their car the next morning. Don't be a clown! Aside from it being majorly and unsafe and reckless, driving under the influence could ruin your life professionally and personally. It's not worth it.

How common are DUIs in New Hampshire compared to other U.S States?

Back in 2019, ​New Hampshire ranked among the top third of U.S. states for DUI  arrests. According to a study, the state had 357.84 DUI arrests per 100,000 residents, placing it 11th nationally. This rate is higher than the national average of 309.8 arrests per 100,000 people. Also in 2019, alcohol-impaired driving fatalities accounted for 39.6% of total traffic fatalities in the state, compared to the national average of 28.1% .​

However, by 2021, the number of DUI arrests had decreased to 4,067, accounting for 10.7% of all arrests in the state .​ Despite this decline, alcohol-impaired driving remains a significant issue in our state.

These statistics suggest New Hampshire has made progress in reducing DUI arrests, but impaired driving continues to be a serious concern.

What is an accidental DUI?

Aren't all DUIs accidents? No one gets behind the wheel with the goal in mind "tonight I am going to get pulled over and get arrested for drunk driving!" But an accidental DUI is when you are arrested for being over the legal limit in your car, even if your car isn't moving.

People who sit in their car to sober up or wait in their car for an Uber or Lyft can still be charged with a DUI in New Hampshire under certain circumstances.

These factors matter:

• Location of the Vehicle: If the vehicle is on a public road or in a parking lot with public access, it may be considered a "way" under the law, making it subject to DWI regulations.

• Position of the Driver: Being in the driver's seat, especially with the engine running, may imply  that you intended to operate your vehicle.​

• Presence of Keys: Having the keys in the ignition or easily accessible can be a factor in determining control.​

• Condition of the Vehicle: If the vehicle is operable, it may strengthen the case for actual physical control.

If you find yourself in a situation where you need to sit in your car to sober up or safely wait for a ride, the following advice might be helpful according to indepthnh.org,

• Avoid the Driver's Seat: If you need to rest in your vehicle while intoxicated, consider sitting in the passenger seat or back seat.​

• Turn Off the Engine: Keep the engine off to eliminate any indication that you might be getting ready to drive off. ​

• Stay in Private Areas: If possible, park in private areas where the vehicle is not considered a public "way."

• Seek Legal Counsel: If you find yourself in a situation where you're unsure of the legal implications, it's advisable to consult with an attorney experienced in New Hampshire DWI laws.