New Hampshire Revised Statutes 172-B:4 – Laws Relating to Intoxication
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I. No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.
II. Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.
III. This section does not make intoxication or incapacitation as defined in N.H. Rev. Stat. § 172-B:1 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.
IV. This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated.
II. Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.
Terms Used In New Hampshire Revised Statutes 172-B:4
- bylaw: when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment. See New Hampshire Revised Statutes 21:45
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. This section does not make intoxication or incapacitation as defined in N.H. Rev. Stat. § 172-B:1 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.
IV. This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated.