DWI 2ND LOOKBACK PERIOD EXTENDED
By Act approved July 5, 2001, Session Law 169:1, effective January 1, 2002, the period for which a DWI conviction may be considered for second or subsequent offense purposes was extended to ten years. RSA 265:82-b II has been amended, with the stated purpose of making such a change effective January 1, 2002. It appears, however, that the applicability of this change will not completely take effect until January 1, 2005, because of the operation of Session Law 169:5 Applicability; Period of Prior Offenses. That section, interestingly, states, "For purposes of enforcing RSA 265:82-b II, as amended by section 1 of this act, complaints shall not allege prior convictions occurring more than 7 years prior to the effective date of this act." Since the effective date of the act is January 1, 2002, no conviction prior to January 1, 1995 may be alleged. As a result, any person who was convicted on or after January 1, 1995 is subject to the ten-year look-back period." RSA 265:82-b III, which changes the minimum penalties for DWI offenders with prior DWI convictions not alleged in the complaint (a so-called Phase II conviction) was similarly amended by Session Law 169:3, replacing the language, "within the 7-year period" with "within 10 years preceding the date of the offense." It is also important to note, however, that Session Law 169:5 is specifically made applicable only to the enforcing of RSA 265:82-b II. It seems, therefore, that a person with a DWI conviction between January 1, 1992 and December 31, 1994 faces the enhanced minimum penalties of RSA 265:82-b III, although that same person could not be convicted on a complaint alleging the previous conviction because of the restriction imposed by Session Law 169:1. The text of each applicable session law is set forth below. Session Law 169:1 Motor Vehicles; Rules of the Road; Serious Traffic Offenses; Penalties for Intoxication or Under Influence of Drug Offenses; Extension of Period of Prior Offenses Considered. Amend the introductory paragraph of RSA 265:82-b, II to read as follows: Upon conviction of any offense under RSA 215-A:11, RSA 265:82, or RSA 265:82-a, based on a complaint which alleged that the person has had one or more prior convictions under RSA 215-A:11, RSA 265:82, or RSA 265:82-a, or RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction, within [7]10 years preceding the date of the second or subsequent offense, the person shall be subject to the following penalties in addition to those provided in paragraph I:
Session Law 169:3 Motor Vehicles; Rules of the Road; Serious Traffic Offenses; Penalties for Intoxication or Under Influence of Drug Offenses; Prior Convictions Considered. Amend RSA 265:82-b, III to read as follows: III. If any person is convicted of a violation of RSA 215-A:11, RSA 265:82, or RSA 265:82-a, and the conviction is not based upon a complaint which alleges prior convictions as provided in RSA 265:82-b, II, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within [the 7-year period] 10 years preceding the date of the offense, the person's driver's license or privilege to drive shall be revoked for not less than 180 days nor more than 3 years. The license shall not be restored until the person has successfully completed a 7-day program at the state-operated multiple DWI offender intervention detention center program or an equivalent 7-day residential intervention program approved by the director of the office of alcohol and drug abuse prevention, as provided in RSA 172-B:2-b and RSA 263:65-a, at the person's own expense. The court may order attendance at a residential treatment center, for a period not to exceed 30 days, at the person's own expense.
Session Law 169:5 Applicability; Period of Prior Offenses. For purposes of enforcing RSA 265:82-b, II, as amended by section 1 of this act, complaints shall not allege prior convictions occurring more than 7 years prior to the effective date of this act. |
