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New Hampshire DUI State Law

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New Hampshire DUI Laws

New Hampshire Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Under New Hampshire DUI laws, if you fail or refuse a chemical test, or show other signs of driving while under the influence of drugs or alcohol, you are likely to face suspension of your driver's license, fines and potentially jail time. You have 30 calendar days to file a request for an administrative hearing if you wish to stop this from automatically happening. To file this request and to demand a hearing, use an experienced New Hampshire DUI lawyer to fight on your behalf.

New Hampshire Blood Alcohol Concentration Laws

There are several ways that you can be charged with DUI and arrested by police officers.

1. Fail a chemical test. The legal limit across the country is a blood alcohol concentration level of .08 or higher

2. If you refuse a chemical test, your license will be suspended for 180 days

3. If you demonstrate activity that is consistent with driving under the influence, such as a field sobriety test, your appearance or your driving pattern, you will be arrested

In any of these cases, you have just 30 calendar days to demand an administrative hearing or your license will be automatically suspended.

Also note: Under 21: A zero tolerance law states that a blood alcohol concentration of .02 percent or higher will warrant an arrest.

A blood alcohol level of .16 is likely to result in aggravated penalties: which means you will face harsher penalties. You will face a class A misdemeanor, a fine of at least $750, and a mandatory sentence of 10 consecutive days in jail. You will lose your driver's license for at least 18 months.

Implied Consent Laws

The State of New Hampshire has implied consent laws, stating that if you operate a vehicle in the state you agree to a chemical test should a police officer request it due to potential intoxication.

If you refuse a chemical test, you will face suspension of your driver's license for 180 days. A second refusal will warrant a 2-year suspension of your driver's license.

1st Offense of New Hampshire DUI Laws

A first time offender will likely face the following New Hampshire DUI penalties:

  • A fine up to $500
  • License suspension for 9 months up to 2 years
  • Impaired driver intervention program required prior to getting your license back
  • Court may order alcohol and drug treatment programs with random testing
  • Misdemeanor charge

2nd Offense of New Hampshire DUI Laws

A second offense will be charged to an individual who has a second conviction of DUI within ten years. The look back period for New Hampshire is 10 years.

  • Minimum, mandatory sentencing of 10 days in jail
  • Fine up to $750
  • Drivers license revocation for no less than 3 years
  • A 7 day multiple DWI offender intervention detention center program is required to get your license back
  • Drug and alcohol treatment program with testing may be required
  • Misdemeanor charge

3rd Offense of New Hampshire DUI Laws

A third offense within 10 years will warrant stiffer New Hampshire DUI penalties including:

  • Driver's license is suspended indefinitely for at least 5 years
  • A minimum of 180 days in county correction facility is required
  • 28 days in a residential treatment program is necessary, paid for by you
  • Drug and alcohol treatment and screening is likely
  • Misdemeanor charge

Hire a New Hampshire DUI Lawyer

The critical fact here is that New Hampshire DUI laws are very stringent. If you hope to get these charges dropped or at least reduced, you will need a New Hampshire DUI lawyer to help you. Their expertise is often required to fight these laws to reduce your sentencing.

Contact New Hampshire Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in New Hampshire:

  • Bedford
  • Concord
  • Derry
  • Dover
  • Durham
  • Exeter
  • Hampton
  • Hudson
  • Keene
  • Laconia
  • Londonderry
  • Manchester
  • Merrimack
  • Nashua
  • Portsmouth
  • Rochester
  • Salem

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