NH Law of the Day: Minor in Possession of Alcohol
May 19, 2011 4 Comments
Arrests for “minor in possession of alcohol”, “underage intoxication” and “internal possession” continue to rise in New Hampshire. The most recent large scale arrests for these charges have been in Bedford and New London. These charges are for violation of New Hampshire law RSA 179:10. You might have been charged with a “minor in possession” or “underage intoxication” when you returned to school or while celebrating at the reunion. If you got arrested this weekend in New Hampshire, your arraignment date will be in a district court in early 2011. It is best not to wait until the last minute to seek legal advice. Call me today at 1-603-893-0074 to arrange a free consultation.
This page that deals with New Hampshire cases of unlawful intoxication by minors (which means under 21 years old for the purposes of this statute) and “minor in possession of alcohol” has generated a lot of visits and questions. This is due in large part to a series of recent “underage drinking party” arrests made in Salem, Bedford, Derry, Portsmouth, Moultonborough, Osippee, Durham, Goffstown, Pelham, Chester, Henniker, Rindge, Rye and Nashua.
Did you know that if you are convicted under New Hampshire’s “minor in possession” or “underage intoxication” law (RSA 179:10) that you could lose your driver’s license for 90 days? Even if you were not driving a car (or even if you were not even IN a car) at the time of the arrest! While that doesn’t make much sense, you should look at your options before marching into court and getting convicted of this charge. Police in New Hampshire use hand-held PBT (preliminary breath taking) gadgets to quickly test one’s BAC level and determine whether or not a DWI charge is necessary. A few months ago in New London, New Hampshire police made over 100 arrests at a single party. 55 of those arrests were made because some of the party-goers chose to blow into one of the PBT gadgets and blew a number of .02 or higher. Hopefully some of those arrested will choose to challenge the alleged results of these gadgets.
Have you been arrested for unlawful possession of alcohol by a minor or underage intoxication in New Hampshire? If you have been, you were probably asked to make a choice about whether you would submit to breath testing – the precursor to an arrest at the roadside or at a house party prior to your arrest. The arresting officer will sometimes ask you if you would do the field sobriety tests “so that he can check to see if you are okay to drive”. Or sometimes it may have seemed to you like you didn’t have much choice of a choice at all to decline these “tests”. Either way, the officer is most likely just gathering evidence to use against you in Court at a later date. Field sobriety tests are a series of exercises designed for the citizen to fail.
This page is about New Hampshire Law Regarding Minors in Possession of Alcohol, as well as New Hampshire DWI laws and New Hampshire DWI case examples involving driving while intoxicated (“DWI”), Driving Under the Influence (“DUI”), Operating Under the Influence (“OUI”), Aggravated DWI and Boating under the Influence (“BUI”) cases by New Hampshire DWI defense lawyer Mark Stevens. If you have been arrested for DWI, DUI, OUI or Boating While Intoxicated in New Hampshire, call 1-603-893-0074 for free initial consultation and case evaluation for your case:
5 Manor Parkway
Salem, NH 03079