FOURTH OFFENSE DWI A FELONY

RSA 265:82-b II(c) has been amended effective January 1, 2002, to make a fourth or subsequent DWI offense a felony. The fourth offense conviction still mandates an indefinite license revocation with right to petition for restoration denied for seven years. The change was made pursuant to 2001 Session Law 169 and is set forth belows. The legislature did not choose to characterize the felony as either a Class A or Class B felony.

169:2 Motor Vehicles; Rules of the Road; Serious Traffic Offenses; Penalties for Intoxication or Under Influence of Drug Offenses; Fourth and Subsequent Offenses; Felony. Amend RSA 265:82-b, II(c) to read as follows:

(c) For a fourth or subsequent offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years.