New Hampshire DUI Laws
In New Hampshire as in other states, it is illegal to drive under the influence of alcohol or drugs. The offense is called driving while intoxicated, or DWI. Under New Hampshire DWI law, it is a per se violation to have a blood or breath alcohol content (BAC) level of .08 percent or higher (less for commercial and underage drivers). Even if your BAC is under the legal limit, the prosecution can build a DWI case based on the arresting officer's observations (e.g., bloodshot eyes, slurred speech or irregular driving patterns) and other evidence of impairment. An experienced New Hampshire DUI lawyer is best qualified to challenge the credibility of the evidence to make certain you have the best possible outcome for your case.
New Hampshire has an Implied Consent law which means that any person driving in the state automatically consents to chemical testing if he/she is properly suspected of driving while impaired. If police have probable cause to suspect DWI and you fail or refuse to submit to a test to determine your BAC, the New Hampshire Department of Safety will suspend your license for at least six months. You have only 30 days to appeal the civil license suspension, and the state does not issue restricted licenses or work permits to DUI offenders. If you are arrested for DWI in New Hampshire, it is wise to call an attorney right away before you lose your driving privileges.
New Hampshire has very tough DWI laws. If you are convicted, penalties will vary depending on the charges, your level of intoxication and the number of prior offenses. Your sentence may include fines, license suspension, counseling and treatment, participation in the Multiple DWI Offender program, a mandatory ignition interlock device and incarceration. You may need to complete an Impaired Driver Prevention Program and obtain SR-22 proof of insurance before you can have your license reinstated. With the consequences so severe, it is highly recommended that you consult an experienced New Hampshire DWI attorney today.
New Hampshire DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
New Hampshire BAC laws may differ from those of other states, as follows.
| New Hampshire BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 30 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 6-month license suspension |
| Subsequent Offenses | 2-year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 6-month or 2-year license suspension, depending on prior convictions |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | 180-day license suspension |
| Subsequent Offenses | 2-year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 180-day or 2-year license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 9 months to 2 years If aggravating factor exists – 18 months to 2 years (may have conditional license) |
| Prison Term and Community Service | If aggravating factor exists – at least 10 days Maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 to $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory Impaired Driver Intervention Program; possible treatment |
| Second DUI/DWI Offense | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | At least 3 or 30 days in jail (depending on prior convictions) 7 days in multiple offender intervention center Maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible treatment |
| Third DUI/DWI Offense | |
| License Suspension | Indefinitely (may petition for reinstatement after 7 years) |
| Prison Term and Community Service | At least 180 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | At least 28 days in residential treatment program |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, New Hampshire Department of Safety