There has been a recent issue regarding DWI subsequent offenses in light of the recodification of the DWI laws. Based solely on the plain language of the new statute (RSA 265-A:18, IV), defendants have been arguing that they cannot face a subsequent charge if the prior offense was based on RSA 265:82 or RSA 265:82-a. As a result, many courts are dismissing DWI subsequent offenses. Currently the Attorney General’s Office is working with the sponsor of the bill to amend the legislation to fix this situation. You can link to a sample objection , prepared by the Attorney General’s Office, in objection to a motion to dismiss a DWI subsequent offense charge based on the change in the statute.

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