State Laws

New Hampshire DUI Laws

     

New Hampshire DUI Details
There is no getting around the simple fact that being pulled over for driving under the influence (DUI) or driving while intoxicated (DWI) is serious business no matter what state you happen to be in. In New Hampshire, they focus on the DWI charge which covers all offenses in the drunk driving category. But there is an added level which is a New Hampshire Aggravated DWI.

To be charged with that particular offense you need to be driving 30 mph over the posted speed limit, be involved any kind of collision which causes severe injury to another person, try to run away from the police, be driving a minor under the age of 16 or have a blood alcohol level of .16 (or higher). With an Aggravated DWI all of the potential fines and jail times become increased at the discretion of the judge.

New Hampshire DWI Definitions
The first indication that a police officer has to determine if you are driving while intoxicated is how you're actually driving. If you are driving too fast or slow, swerving all over the road, running over curbs or any other kind of erratic behavior you can be pulled over. The officer then has the right to ask you to perform a field sobriety test which can mean examining your balance and hand to eye coordination.

You can also be given a breathalyzer. If the officer deems that you have failed those tests, then you can be instantly arrested and taken back to the nearest police station where you must submit to an additional breathalyzer, urine or blood test.

By "must submit" it is the law when you accepted a New Hampshire driver's license. If you reject the implied consent law then you can face an immediate suspension of your license and impounding of your car. If you have a blood alcohol content (BAC) of .02 you will be taken off the road. If you have a BAC of .08 you can be arrested for DWI. For drivers under the age of 21, the BAC level is .02.

New Hampshire DWI Fines and Penalties
The fines and/or penalties for a New Hampshire DWI depend a lot on whether it is your first offense or not. For first time DWI offenders, you can face up to 10 days minimum in jail for an aggravated offense, a $500 fine, license suspension for anywhere from 9 months to two years. You will also have to complete an alcohol or drug abuse treatment program. Additionally, you'll be required to obtain a special SR22 insurance certificate which will increase your premiums and hold you accountable for completing the terms of your sentencing.

If a second DWI offense occurs within 2 years of the first offense then you're looking at 30 days in jail and 7 days in a multi-offender DWI detention treatment center. If it's more then two years (but less then ten) it can be 3 days in jail, the 7 days in the treatment center and a $750 fine. Add to that a license suspension for up to 3 years and possible installation of an ignition interlock device. On a third offense its 180 days in jail, $750 fine and permanent license suspension.

See also:
New Hampshire Felony
New Hampshire Gun Laws
New Hampshire Divorce
New Hampshire Misdemeanors External link (opens in new window)
New Hampshire Expungement External link (opens in new window)