US Laws, Codes, Statutes & Cases

[Paragraph I effective until one day after passage of state operating budget for biennium ending June 30, 2009; see also paragraph I set out below.]

    I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

[Paragraph I effective one day after passage of state operating budget for biennium ending June 30, 2009; see also paragraph I set out above.]

    I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
    II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

Source. 1990, 255:1. 1998, 167:8, eff. July 1, 1998. 2002, 256:1, eff. Jan. 1, 2003. 2005, 177:47, eff. July 1, 2005. 2006, 259:1, eff. one day after passage of state operating budget for biennium ending June 30, 2009.