Some people get arrested for impaired driving in New Hampshire during a one-on-one traffic stop. Other people must submit to testing after their involvement in a crash. Typically, those who face driving while intoxicated (DWI) charges in New Hampshire are out on the road at the time that they encounter police officers.
However, some people with DWI convictions on their records didn’t drive but were simply inside of vehicle at the time of their arrest. Those who have too much to drink at a football game, bar or party might decide to sleep it off in their vehicles. The goal is to sober up before driving home.
Historically, drivers sleeping it off in their vehicles have faced arrest if they get caught. A recent change to the law in New Hampshire reduces, but does not eliminate, the risk of a DWI arrest due to sleeping in a vehicle after drinking alcohol.
How the law has changed
The impaired driving statute in New Hampshire long allowed for the rest of anyone found to be an actual physical control of a vehicle while under the influence of alcohol. Being inside the vehicle with the keys was often enough to prove that someone had actual physical control of the vehicle for the purpose of prosecution. Someone with the keys in their pocket who was clearly asleep could face arrest if an officer found them resting in their vehicle.
In 2020, state lawmakers did amend the definitions used in state statutes. The law now explicitly excludes sleeping in a vehicle from scenarios that might lead to DWI charges. However, there is a technical rule that drivers must follow if they hope to limit their risk of prosecution.
Sleeping in the driver’s seat could still result in a DWI arrest. The person hoping to sober up by sleeping should move to the back seat of the vehicle. In cases involving a truck or other vehicle with just two seats, sleeping on the passenger side can reduce the risk of an inappropriate DWI charge.
Learning about the technicalities of drunk driving laws in New Hampshire can help people reduce their risk of arrest and prosecution. The choice to rest instead of driving home can be a smart one, so long as people understand the nuances of state law.
