New law increases penalties for wrong-way drunken driving in New Hampshire

The new law makes wrong-way driving an “aggravating factor” for driving while intoxicated in New Hampshire, meaning it leads to more severe penalties than a typical DWI. (Getty Images)

Drunken drivers who travel the wrong way down New Hampshire roads will face steeper penalties under a new state law.

Gov. Kelly Ayotte signed House Bill 776, which was sponsored by state Rep. Terry Roy, into law last week, which makes wrong-way driving an “aggravating factor” for driving while intoxicated in New Hampshire, meaning it leads to more severe penalties than a typical DWI.

A person convicted of aggravated DWI faces a class A misdemeanor offense that comes with a fine of at least $750, 17 days or more in jail — 12 of which may be suspended but at least five must be served — and license suspension for at least 18 months, under state law. If the person causes a serious accident in the process, the conviction increases to a class B felony, with a fine of $1,000 or more and 35 or more days in jail (21 of those may be suspended; the other 14 must be served). Those convicted on a regular DWI charge on first offense face a class B misdemeanor, a fine of just $500, and a shorter license suspension. Those convicted of aggravated DWI may also have a Breathalyzer device installed in their car’s ignition.

Lt. Chris Storm of the New Hampshire State Police told state senators in April that wrong-way driving is a big problem in the state and that law enforcement receives reports of it nearly every day.

The law also has an unrelated provision that names the Virginia opossum the state marsupial of New Hampshire. Any Virginia opossums found in New Hampshire are now to be known as “New Hampshire opossums” under state law. This provision of the law — which was originally a standalone bill but later grouped in with HB 776 through an amendment — was backed by state Sen. Donovan Fenton, a Keene Democrat, who said fifth graders from the Chesterfield School in Chesterfield requested he file it. They did so as part of a class project to learn about the legislative process.