Driving Under the Influence (DUI) Laws in New Hampshire

1. What are the minimum and maximum penalties for a first time DUI offense in New Hampshire?


The minimum penalty for a first-time DUI offense in New Hampshire is a fine of up to $500 and/or up to one year in jail. The maximum penalty for a first-time DUI offense in New Hampshire is a fine of up to $2,000 and/or up to two years in prison.

2. What is the legal Blood Alcohol Content (BAC) limit in New Hampshire?


In New Hampshire, the legal Blood Alcohol Content (BAC) limit is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in New Hampshire?


Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in New Hampshire. In the state of New Hampshire, refusing to take a chemical test (breathalyzer test, blood test or urine test) is a criminal offense under New Hampshire law. If you refuse to take the chemical test, you may be charged with a Class B misdemeanor and face steep fines and possible jail time.

4. How long does a DUI conviction stay on an individual’s record in New Hampshire?


A DUI conviction in New Hampshire stays on an individual’s record indefinitely.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in New Hampshire?


Yes, there are exceptions to the zero tolerance policy on underage drinking and driving in New Hampshire. Underage drivers may be able to receive a hardship license if they meet certain criteria. Additionally, a driver under 21 can drive after drinking if it’s part of their job, such as a delivery driver or restaurant server. Finally, an underage driver may be able to obtain a medical exception if they have a medical condition that requires them to drive after consuming alcohol.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in New Hampshire?


Yes, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcoholic beverages in New Hampshire. It is also illegal for anyone under the age of 21 to transport alcoholic beverages, even in sealed containers, unless accompanied by a parent or legal guardian.

7. Are there any ignition interlock laws in New Hampshire?


Yes, there are ignition interlock laws in New Hampshire. The law requires anyone convicted of a DWI in the state of New Hampshire to install an ignition interlock device on their vehicle. This device will not allow the car to start unless it is able to detect that the driver’s breath is free of alcohol. It also requires periodic tests during operation and is linked to a central monitoring system to detect device tampering or attempts to bypass the device.

8. What type of license suspension is issued for a DUI conviction in New Hampshire?


In New Hampshire, a DUI conviction typically results in a mandatory license suspension of 90 days. The Court may also impose an additional suspension on top of the 90 day suspension, depending on the severity of the offense.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in New Hampshire?


Yes. An individual charged with a DUI in New Hampshire may be required to attend drug and alcohol classes or treatment programs. The requirements vary depending on the specific circumstances of the case.

10. Does New Hampshire have an implied consent law for chemical testing after a DUI arrest?


Yes, New Hampshire has an implied consent law for chemical testing after a DUI arrest. The law states that any person who drives or operates a motor vehicle on the highways of New Hampshire consents to submit to an approved chemical test of their breath, blood, urine or other bodily substance to determine the presence of alcohol or drugs in their system. Refusal to submit to such a test will result in an immediate license suspension and other penalties.

11. Are there any laws requiring sobriety checkpoints or roadblocks in New Hampshire?


No, there are no laws requiring sobriety checkpoints or roadblocks in New Hampshire. However, the state does allow law enforcement to set up sobriety checkpoints and roadblocks as part of its efforts to deter drunk driving.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in New Hampshire?


Yes. Following a DUI conviction, an individual in New Hampshire may have their license suspended or revoked depending on the severity of the offense. Additionally, they may be required to obtain an ignition interlock device, or IID, installed in any vehicle they operate. An IID is a device that measures the blood alcohol content (BAC) of the driver before allowing the vehicle to start.

13. Is it possible to have a DUI charge reduced to a lesser offense in New Hampshire?


Yes, it is possible to have a DUI charge reduced to a lesser offense in New Hampshire. A person charged with DUI may be able to negotiate a plea bargain with the prosecutor that would reduce the charge to an alternative lesser offense, such as Reckless Driving or Negligent Driving.

14. What is the legal limit for open containers of alcoholic beverages while driving in New Hampshire?


In New Hampshire, it is illegal for a driver or passenger in a motor vehicle to possess any open container of alcoholic beverage. An open container includes any bottles, cans, flasks, or other receptacles containing any amount of alcoholic beverage that has been previously opened.

15. Does insurance coverage change after a DUI conviction in New Hampshire?


Yes, insurance coverage can change after a DUI conviction in New Hampshire. Insurance companies typically increase rates for those convicted of DUIs and some may even choose to drop coverage entirely.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in New Hampshire?


No, driving with a revoked license resulting from a DUI conviction is illegal in New Hampshire and is punishable by fines, jail time and/or license suspension.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in New Hampshire?


Yes, New Hampshire has a law that makes it illegal to operate a vehicle without insurance after being convicted of a DUI. If convicted of a DUI, the court may order that an individual obtain liability insurance for three years and provide proof of coverage to the Division of Motor Vehicles. If the individual fails to comply with this order, they could face additional fines and license suspension.

18. Is plea bargaining allowed for DUI cases in New Hampshire?


Yes, plea bargaining is allowed for DUI cases in New Hampshire.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in New Hampshire?


In New Hampshire, an individual has 10 days after receiving the Notice of Revocation to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction.

20. Does New Hampshire offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes, New Hampshire does offer a program that allows individuals to get their driver’s license reinstated following a DUI conviction. Depending on the individual’s circumstances, they may be required to complete an alcohol and drug treatment program and an alcohol education course. If all requirements are met, the individual may be eligible to receive a restricted driver’s license. Additionally, the individual may need to pay all applicable court-ordered fines and reinstatement fees, and provide proof of SR-22 insurance.