What Are the New Hampshire DUI Laws?

In New Hampshire, it is a serious criminal offense to operate (or attempt to operate) a car, recreational vehicle, snowmobile, or boat while alcohol or drugs are impairing the offender's ability to drive. Driving under the influence of drugs or liquor, otherwise known as driving under the influence (DUI), is punished in a variety of ways depending on various factors such as how many times the offender has been convicted and whether or not the act qualifies as an aggravated offense. The table below outlines New Hampshire's basis DUI law as it relates to first time offenders.

Code Section

New Hampshire Revised Statutes section 265-A:2: Driving Under the Influence of Drugs or Liquor

What's Prohibited?

No person shall drive (or attempt to drive) a vehicle, an off highway recreational vehicle, a snowmobile, or a boat:
  • While under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance which impairs a person's ability to drive (or any combination thereof), or
  • With an alcohol concentration of 0.08 or more

Drivers who are Under 21

Drivers who are under 21 years old commit the offense of driving under the influence if they have an alcohol concentration of 0.02 or greater.

Penalties

Any person convicted of driving under the influence shall be:
  • Guilty of a class B misdemeanor
  • Fined at least $500
  • Required to pay for and attend an Impaired Driver Care Management Program (IDCMP)
  • The offender's driving privileges will be revoked for between nine months and two years, and can't be restored until the offender attends an IDCMP
  • The driver may be submitted to random urinalysis or other tests as the court deems appropriate, and
  • First offenders must submit to an alcohol and drug abuse screening within 14 days of being convicted

Aggravated Driving While Intoxicated

While all DUI offenses are taken very seriously in New Hampshire, certain aggravated DUIs are punished more harshly. An aggravated DUI offense is committed if the offender is convicted of a DUI while doing any of the following:

  • Driving more than 30 miles per hour in excess of the posted speed limit
  • Causing a motor vehicle, boating, or OHRV collision that results in serious bodily injury to another person
  • Attempting to evade pursuit by a law enforcement officer by increasing speed, extinguishing headlamps, or abandoning the vehicle, boat, or OHRV while being pursued
  • Carrying a passenger who is less than 16 years old in the vehicle at the time of the offense, or
  • Having an alcohol concentration of 0.16 or more

Aggravated driving while intoxicated can be either a class A misdemeanor or a class B felony in New Hampshire.

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's DUI laws contact a local DUI lawyer.

Next Steps: Search for a Local Attorney

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