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New Hampshire DUI Law

It is illegal to drive or attempt to drive in New Hampshire with a BAC of .08 or greater.

Penalties

First Offense:

The first offense is a Class B misdemeanor. It is punishable by a fine of at least $500 and license revocation for 9 months – 2 years. Additionally, the court will require you to complete an impaired driver intervention program before it restores your license.

Second Offense:

The second offense is a Class A misdemeanor. It is punishable by a minimum $750 fine. The offender’s driver’s license will be revoked for a minimum of 3 years.

- If the conviction occurred within 2 years of the prior offense, the person shall be sentenced to a minimum of 30 days in jail, followed by 7 days in the state’s DWI Offender Intervention Detention Center.

- If the conviction occurred more than 2 years, but not more than 10 years after the prior offense, the person shall be sentenced to a minimum of 10 days in jail followed by 7 days in the state’s DWI Offender Intervention Detention Center.

Third Offense:

The third conviction will result in all of the same penalties as the second conviction does, except that:

- Driver’s license is revoked indefinitely and the driver may not request reinstatement for at least 5 years.

- Offender will serve a minimum of 30 days in jail followed a 28 day intensive substance abuse program.

Fourth & Subsequent Offenses:

The fourth and subsequent convictions will result in all the penalties given to third offenders except that the offender may not request driver’s license reinstatement for a period of at least 7 years. The fourth conviction is a Felony.

Aggravated DUI

The penalties increase if you are driving while under the influence of drugs and/or alcohol and:

- Driving more than 30 mph over the speed limit;

- Cause an accident that results in serious bodily injury;

- Attempting to elude a law enforcement officer; or

- Carrying a passenger under the age of 16.

The Aggravated DUI charge will also apply if your BAC is .16 or greater.

Aggravated DUI Penalties

First Offense:

The first aggravated DUI is a Class A misdemeanor. It is punishable by a fine of at least $750 and a minimum of 10 days incarceration in the state’s DWI Offender Intervention Detention Center. Additionally, the offender will have his license revoked for 18 months – 2 years.

First Offense Where an Injury was Caused:

If the Aggravated DUI charge was from an accident resulting in serious injury, the conviction is a Class B Felony. The minimum fine is $1,000 and the period of incarceration in the DUI Offender Intervention Detention Center is increased to a minimum of 21 days. Finally, the offender will have his license revoked for 18 months – 2 years.

Refusal to Submit to Chemical Test

New Hampshire makes it illegal to refuse to submit to a blood, urine, or breath test for alcohol concentration upon arrest. If this is your first offense and you have no prior DUI convictions, the state will suspend your license for 180 days. If you do have a prior DUI conviction, the license suspension will be for a 2 year period.

Under 21

If you are under the age of 21, it is illegal to drive with a BAC of .02 or greater.

Ignition Interlock Program

Any person who has had their license suspended or revoked may be required to install an ignition interlock for 6 months – 2 years after their license is reinstated. This device prevents the vehicle from being started if the driver has a BAC of greater than .02. Costs for the program are to be paid by the offender.