Criminal charges can be very stressful because of the potential penalties. A conviction can result in incarceration and heavy fines. Certain convictions, especially felonies, may have serious collateral consequences, including the suspension of professional licenses and deportation.
DesMeules Olmstead & Ostler has three experienced criminal defense attorneys who can provide you with legal services in Vermont and New Hampshire state courts, and also in federal criminal prosecutions. Our representation includes the defense of DWI/DUI offenses, drug offenses, property crimes, thefts and burglaries, assaults, and sex offenses. We provide representation in probation revocation proceedings and all other criminal matters. We also provide witness representation in criminal investigations and grand jury proceedings.
The following is an overview of the general criminal penalties in Vermont and New Hampshire.
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Vermont:
Vermont has only two classifications of crime: misdemeanors and felonies.
Any offense punishable by a maximum of 2 years is a misdemeanor. Any offense punishable by more than 2 years is a felony. There is a wide range of sentences in each category. The maximum sentence for any given conviction is offense specific.
Criminal charges may be brought by the State's Attorney's Office in the county where the offense occurred, or by the Vermont Attorney General's Office. All criminal cases are heard in the district court in the county where the offense occurred.
| New Hampshire:
New Hampshire has three categories of offenses: violations, misdemeanors and felonies.
The maximum punishment for each is as follows:
Violations: $1,000 fine. No jail or probation.
Class B Misdemeanor: Conditional or unconditional discharge and department of corrections monitoring. $1,200 fine. No jail or probation.
Class A Misdemeanor: 1 year incarceration. $2,000 fine.
Class B Felony: 7 years incarceration. $4,000 fine.
Class A Felony: 15 years. $4,000 fine.
Some offenses carry enhanced penalties that exceed these general penalties.
Criminal offenses in New Hampshire are heard in either the District Court or Superior Court of the county where the offense occurred depending upon the nature of the offense.
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DUI/DWI is a serious motor vehicle offense. It is criminal in both Vermont and New Hampshire. The penalties for DUI/DWI are significant in both states, and may include jail, probation, fines and a license suspension.
The legal limit in Vermont and New Hampshire is .08, but you may be charged with DUI/DWI with or without a test result.
In addition to the criminal penalties, Vermont and New Hampshire may also impose civil license penalties for driving under the influence of alcohol. In Vermont this is known as a civil suspension. In New Hampshire it is called an administrative license suspension. In order to contest these civil license penalties you must request a hearing. If you do not request a hearing your license will be suspended by default even if you win the criminal case. You have 7 days from your arrest to request a hearing in a Vermont case, and 30 days to request a hearing in a New Hampshire case.
The specific penalties in each state are as follows:
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Vermont:
DUI #1 (misdemeanor):
Jail: Maximum 2 years.
Fine: Maximum $750.
License Suspension: 90 days.
DUI #2 (misdemeanor):
Jail: Maximum 2 years.
Fine: Maximum $1,500.
License Suspension: 18 months.
DUI #3 (felony):
Jail: Maximum 5 years.
Fine: Maximum $2,500.
License Suspension: Life with possibility or reinstatement after 3 years.
DUI #4 and subsequent (felony):
Jail: Maximum 5 years.
Fine: Maximum $2,500.
License Suspension: Life without possibility of reinstatement.
DUI resulting in death or serious bodily injury (felony):
Jail: 15 years.
Fine: Maximum $5,000 for serious bodily injury; Maximum $10,000 for fatality.
License Suspension: Minimum of 1 year.
| New Hampshire: (Minimum Mandatory Penalties)
DWI 1st (over 21)
- $500 fine + 24% penalty assessment ($620 total)
- 9 month loss of license, 6 months of which may be suspended
- Intake/Screening
- IDEP - 20 hour program
DWI 1st (over 21, passenger under 16)
- $500 fine + 24% penalty assessment ($620 total)
- 2 year loss of license
- Intake/screening
- IDEP - 20 hour program
DWI 1st (under 21)
- $500 fine + 24% penalty assessment ($620 total)
- 12 month loss of license
- Substance use disorder evaluation
- IDEP - 20 hour program
DWI 1st (under 21, passenger under 16)
- $500 fine + 24% penalty assessment ($620 total)
- 2 year loss of license
- Substance use disorder evaluation
- IDEP - 20 hour program
Aggravated DWI
- $750 fine + 24% penalty assessment ($930 total)
- 18 month loss of license, 6 months of which may be suspended with condition that ignition interlock device be installed for remaining suspension period
- Substance use disorder evaluation
- 17 days HOC, 12 days suspended
- 12 month ignition interlock upon license restoration
Aggravated DWI (passenger under 16)
- $750 fine + 24% penalty assessment ($930 total)
- 2 year loss of license
- Substance use disorder evaluation
- 17 days HOC, 12 days suspended
- 12 month ignition interlock upon license restoration
DWI 2nd (prior within 2 years)
- $750 fine + 24% penalty assessment ($930 total)
- 3 year loss of license
- Substance use disorder evaluation
- 60 days HOC, 30 days suspended
- 12 month ignition interlock upon license restoration
DWI 2nd (prior over 2 years)
- $750 fine + 24% penalty assessment ($930 total)
- 3 year loss of license
- Substance use disorder evaluation
- 17 days HOC, 12 days suspended
- 12 month ignition interlock upon license restoration
DWI 3rd
- $750 fine + 24% penalty assessment ($930 total)
- 5 year loss of license
- Substance use disorder evaluation
- 180 days HOC, 150 days suspended
- 12 month ignition interlock upon license restoration
Felony Aggravated DWI
- $1000 fine + 24% penalty assessment ($1240 total)
- 18 month loss of license, 6 months of which may be suspended with condition that ignition interlock device be installed for remaining suspension period
- Substance use disorder evaluation
- 35 days HOC, 21 days suspended
- 12 month ignition interlock upon license restoration
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Vermont is a breath testing State. An officer may request a blood test in only limited circumstances, including when there is reason to believe a person may be under the influence of drugs. Before submitting to an evidentiary breath test you have a right to consult with an attorney. Refusing to submit to a breath test is a criminal offense in Vermont if you have been previously convicted of DUI.
In New Hampshire the officer chooses the type of test to administer, breath, blood or urine. You do not have a right to consult with an attorney prior to testing.
If your license is suspended in either State you will need to complete an alcohol course. In Vermont this is the CRASH Program. The New Hampshire program is called IDIP. You will also need to obtain special insurance and pay reinstatement fees.
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