Below is
the present version of New Hampshire’s “Unlawful Possession and
Intoxication” Statute:
RSA 179:10 (2007)
179:10 Unlawful Possession and Intoxication.
[Para. I as effective prior to one day
after the passage of the state operating budget for the biennium ending June
30, 2009; see also Para. I set out below.]
I. Except as provided in RSA 179:23, any person under the age of 21
years who has in his or her possession any liquor or alcoholic beverage, or who
is intoxicated by consumption of an alcoholic beverage, shall be guilty of a
violation and shall be fined a minimum of $300. Any second and subsequent
offense shall be fined at least $600. For purposes of this section, alcohol
concentration as defined in RSA 259:3-b of .02 or more shall be prima facie
evidence of intoxication. No portion of this mandatory minimum fine shall be
waived, continued for sentencing, or suspended by the court. In addition to the
penalties provided in this section, the court may, in its discretion, impose
further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the
passage of the state operating budget for the biennium ending June
30, 2009;
see also Para. I set out above]
I. Except as provided in RSA 179:23, any person under the age of 21
years who has in his or her possession any liquor or alcoholic beverage, or who
is intoxicated by consumption of an alcoholic beverage, shall be guilty of a
violation and shall be fined a minimum of $250. Any second and subsequent
offense shall be fined at least $500. For purposes of this section, alcohol
concentration as defined in RSA 259:3-b of .02 or more shall be prima facie
evidence of intoxication. No portion of this mandatory minimum fine shall be
waived, continued for sentencing, or suspended by the court. In addition to the
penalties provided in this section, the court may, in its discretion, impose
further penalties authorized by RSA 263:56-b.
II. Except for persons convicted on the basis of intoxication, any
person under the age of 21 years convicted of unlawful possession of liquor or
beverage shall forfeit the same, and it shall be disposed of as the court
directs. The proceeds, if any, shall be paid into the treasury of the county in
which the proceedings were determined.
HISTORY: 1990, 255:1, eff. July
1, 1990.
1998, 167:8, eff. July 1, 1998. 2002, 256:1, eff. Jan.
1, 2003.
2005, 177:47, eff. July 1, 2005. 2006, 259:1 [see effective date
note below].
NOTES:
Amendments
-2006.
Paragraph I: Substituted "$250" for "$300" in the first
sentence and substituted "$500" for "$600" in the second
sentence.
NOTE FROM
MARK STEVENS
WHILE IT IS A POSITIVE DEVELOPMENT THAT THE MINIMUM FINES
HAVE GONE DOWN ON BOTH FIRST AND SECOND CONVICTIONS UNDER THIS STATUTE, A VERY
ONEROUS PROVISION REMAINS: EITHER THE COURT, OR THE DEPARTMENT OF SAFETY, OR
BOTH, CAN REVOKE YOUR LICENSE IF YOU ARE CONVICTED UNDER THIS STATUTE. IT IS IMPORTANT TO KNOW EVERY CONSEQUENCE OF
CONVICTION BEFORE YOU PLEAD GUILTY OR NO LO AND YOUR LICENSE IS REVOKED.
RSA 263:56-b, WHICH IS CITED IN THE UNLAWFUL POSSESSION
STATUTE, PERMITS THE REVOCATION OF YOUR LICENSE FOR 90 DAYS TO 1 YEAR ON A
FIRST OFFENSE AND 6 MONTHS TO 2 YEARS ON A SECOND OFFENSE. THE STATUTE IS ACTUALLY WORDED THAT THE STATE
“SHALL, UNLESS OTHERWISE ORDERED BY THE COURT …” REVOKE YOUR LICENSE. CHOOSE CAREFULLY BEFORE PLEADING GUILTY OR NO
LO TO THIS SERIOUS OFFENSE.
Contact Information:
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please include ONLY the following information:
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Date of any alleged offense you have been charged with.
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The court in which you have been told to appear.
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The date and time you have been told to appear.
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Do NOT include any specifics about your case in a recorded voice
message or email. We will discuss
that on the phone, and in greater detail in person.
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