Reckless Operation of A Motor Vehicle

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In New Hampshire, under RSA 265-A:2, you're guilty of DWI if you drive or attempt to drive a vehicle on a public way (or operate an off-highway recreational vehicle or boat) while:
Under the influence of alcohol, drugs (controlled, prescription, or over-the-counter), or any combination that impairs your ability to drive.

Or, you have a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, 0.02% for those under 21).

The BAC limits are hard lines—if you test at or above them, you're presumed intoxicated, no further proof of impairment needed. Below those limits, cops can still nail you if they show impairment through behavior or sobriety tests.

Penalties for First Offense

• A first DWI (no priors in the last 10 years) is a Class B misdemeanor under RSA 265-A:18. Here's what you face:
  Fine: Minimum $500, up to $1,200, plus a 24% penalty assessment.
• License Suspension: 9 months minimum, up to 2 years. You can shave 6 months off by completing an Impaired Driver Care Management Program (IDCMP) screening within 14 days of conviction and any recommended treatment.
• IDCMP: Mandatory screening ($345 or so), and if they flag a substance issue, a full evaluation (within 30 days) and follow-up care. Costs vary—think $300-$485 for the education program alone.
• Jail: No mandatory time, but possible up to a year if the judge pushes it.

Aggravated DWI

• Bump it up to "Aggravated DWI" (RSA 265-A:3) if you're caught:
  Speeding 30+ mph over the limit.
• Causing a crash with serious bodily injury.
• Trying to flee cops (e.g., speeding up, ditching headlights, abandoning the vehicle).
• Driving with a passenger under 16.
• Having a BAC of 0.16% or higher.
• This is a Class A misdemeanor for a first offense, with:
  Fine: At least $750.
• Jail: Minimum 17 days (12 can be suspended), plus a 7-day residential program if ordered.
• License Suspension: At least 18 months, up to 2 years.
• If it causes serious injury, it's a Class B felony: minimum 35 days jail (14 served), $1,000 fine, 18-month suspension, and a 12-month ignition interlock device.

Subsequent Offenses

• Second Offense (within 10 years): Class A misdemeanor. Minimum $750 fine, 3-year suspension, 17 days jail (12 suspended), full IDCMP, and a 12-month interlock post-reinstatement.
• Third Offense: Similar to second, but indefinite suspension (eligible for reinstatement after 5 years) and at least 30 days jail.
• Fourth or More: Class B felony, $750 fine, 120 days jail minimum, indefinite suspension (reinstatement after 7 years).
• Administrative License Suspension (ALS) New Hampshire's an "implied consent" state (RSA 265-A:4). Drive here, and you've agreed to tests if suspected. Refuse a post-arrest breath, blood, or urine test? Your license is suspended:
  6 months for a first refusal or BAC over 0.08%.
• 2 years if you've got a prior refusal or DWI in the last 10 years. This kicks in 30 days after arrest, separate from court penalties, and you've got 30 days to request a hearing.

Other Notes

• Under 21: Zero tolerance—0.02% BAC triggers a DWI, with harsher suspensions (up to 18 months).
• Commercial Drivers: 0.04% limit, and a first offense suspends your CDL for a year (3 years if hauling hazmat).
• Boats/OHRVs: Same DWI rules apply.
• Expungement: Wait 10 years post-conviction to petition to annul a DWI.

Laws evolve, but this reflects New Hampshire's framework today. If you're facing a charge or need specifics for a case, let me know—I can dig deeper or analyze something specific like a post or profile if you point me to it!

NH DWI penalties

DUI laws comparison

NH Reckless Operation Law

Since you're asking about New Hampshire's reckless operation law, I'll dive into the specifics under RSA 265:79 as it stands on March 07, 2025. In NH, “reckless operation” is distinct from DWI, though they can overlap if intoxication is a factor. It's about driving behavior that's dangerous, not just impaired.

Here's the breakdown.

• Definition (RSA 265:79): You're guilty of reckless operation if you drive a vehicle on a “way” (public road, highway, or parking lot with 1,000+ spaces) in a manner that: Knowingly or wantonly disregards the safety of people or property.
• Creates a “substantial and unjustifiable risk” of harm.
• Examples include:
  • excessive speeding (often 100+ mph or 30-40 mph over the limit, depending on context)
  • weaving through traffic
  • racing
  • ignoring road conditions in a way that's blatantly unsafe.
  • It's broader than speeding alone—cops and courts look at the totality of your actions.

Penalties

Reckless operation is a violation-level offense for a first conviction, unless it's aggravated (e.g., causes injury).

Here's what you face:

• Fine: Up to $1,000, plus a 24% penalty assessment (so $1,000 becomes $1,240).
• License Suspension: 60 days minimum, up to 1 year, at the court's discretion.
• Jail: None required, but possible up to 1 year if escalated to a misdemeanor (see below).
• Points: 6 points on your driving record (NH uses a demerit system—18 points in 2 years can suspend your license).

Aggravated Reckless Operation

If your reckless driving causes serious bodily injury or death, it ramps up:

• With Serious Injury: Can be charged as a Class A misdemeanor or Class B felony, depending on intent and outcome.
• Fine: Up to $2,000 (misdemeanor) or $4,000 (felony).
• Jail: Up to 1 year (misdemeanor) or 7 years (felony).
• License Suspension: Likely longer, often 1-3 years.
• With Death: Could escalate to negligent homicide (RSA 630:3), a felony with 3.5-7 years prison minimum if alcohol/drugs are involved.

Key Differences from DWI

• No BAC Requirement: Reckless operation doesn't need proof of intoxication—speed or behavior alone can trigger it.
• Intent: It's about deliberate or grossly negligent risk-taking, not just impairment.
• Overlap: If you're drunk and driving recklessly (e.g., 90 mph in a 35 zone), you could face both DWI and reckless charges, stacking penalties.

Enforcement

Cops often charge this alongside speeding or after a crash where behavior stands out—like burnouts or passing in a no-pass zone. Courts weigh evidence like witness statements, dashcam footage, or your speed relative to conditions. For instance, 80 mph on I-93 might not cut it, but 80 mph in a snowy 25 mph residential zone likely will.

Practical Impact

• Insurance: Those 6 points and a conviction will spike your rates—think 20-50% more.
• Habitual Offender Risk: Rack up reckless plus other offenses (like DWI), and you could lose your license for 1-4 years under RSA 262:18.

This law's flexible—judges have leeway based on how bad your driving was. If you've got a specific case or ticket in mind, give me details, and I can sharpen this up or check related posts/links for you