RSA 172-B:4 · Laws Relating to Intoxication

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.

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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.

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III.

This section does not make intoxication or incapacitation as defined in RSA 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.

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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. Source. 1979, 378:2, eff. Aug. 22, 1979.

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