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In New Hampshire, Zero Tolerance is not Set at Zero

If you are under the age of 21, and are arrested for an underage DWI charge, you may be able to avoid conviction if you can prove that you weren't over the BAC limit for the state. Many states accepted the blanket federal law which says that drivers under the age of 21 cannot have a BAC of even 0.01%. The federal zero-tolerance policy says that if even a small drop of alcohol is detected in an underage driver's system, then that individual can be arrested and prosecuted for an underage DWI.

Yet in the state of New Hampshire, the underage DWI BAC limit is actually set at 0.02%. This gives underage drinkers a small buffer. Normally, it is easy to reach a BAC level of 0.02%. A teen may need to only drink half of a beer or a small glass of wine to exceed this very low limit. Still, when the BAC level is set at 0.02%, it excuses teens from being arrested for seemingly one or two sips of a drink. For example, teens may take a sip of a parent's wine at dinner or taste a cocktail made by an older friend.

If they only take a sip or two, this won't result in a high BAC level. This means that if pulled over and arrested for a DWI, a teenager or underage drinker may be able to argue that he or she did not exceed the state limit of 0.02%. If you want more information about this underage driver limit or need an attorney to help you seek compensation, then you can talk to a lawyer at Shaheen & Gordon P.A. to get representation. The New Hampshire DWI attorneys at this firm are focused on providing the best representation for clients accused of driving while intoxicated. Hire the firm today by calling our Manchester office, our Concord office, or our Dover office!

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