New Hampshire DUI Laws

Most states have implied consent laws in conjunction with their DWI laws. In New Hampshire, the implied consent law affect the minute you drive a motorized vehicle on New Hampshire roads. In New Hampshire, the express consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in New Hampshire. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in New Hampshire. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked for 180 days. The second refusal will result in a 2 year suspension of your license. New Hampshire applies equal or greater penalties to the refusal to be tested for DWI.

DWI offenders in New Hampshire will be subject to multiple penalties which include fines, jail time, and a suspended license. Anyone convicted of a DWI in New Hampshire who is also found to be guilty of involvement in an accident, runs from the law, has a passenger under the age of 16 in the vehicle at the time of the arrest, breaks the speed limit by more than 30 mph, and/or has a BAC of more than .16 will be convicted of aggravated DWI. The penalties for DWI will be enhanced.



A DWI is applied to anyone who has blood alcohol content (BAC) of .08% or. Since New Hampshire uses the Per Se law, there is no other proof needed to convict you for a DWI. Underage drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with a DWI if their BAC is above 0.0%, for example, 0.01% to 0.02%. This BAC can be reached with the recommended dose of an over the counter cough syrup. Commercial drivers are limited to a .04% BAC.

Repetitive DWI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. A second penalty may involve Mandatory Alcohol Education or treatment. You will be required to complete a program as part of your probation or suspended sentence. By taking the classes, you may be able to avoid jail time and extensive fines. You may lose your vehicle either permanently or for a specified length of time. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.



The first DWI will result in a minimum of 10 days in jail for an aggravated DWI. You will be fined a minimum of $500.00 or $750.00 minimum for an aggravated DWI. Your license can be suspended for 9 months to 2 years with a possibility of getting the term reduced to 6 months. If you are convicted for aggravated DWI this time frame increases to 18 months to 2 years. You will be required to complete an Impaired Driver Intervention Program and may be enrolled in alcohol or drug treatment or counseling program. You will also be required to obtain SR-22 insurance for the next three years.

The second DWI within 2 years of the first will result in a minimum of 30 days in jail as well as 7days in the Multiple DWI Offender Intervention Detention Center. If the second DWI occurs more than 2 years but less than 10 years of the first arrest, it will result in a minimum of 3 days in jail as well as 7 days in the Multiple DWI Offender Intervention Detention Center. You will be fined a minimum of $750.00. Your license will be suspended for a minimum of 3 years with the possibility of the Ignition Interlock Device (IID) installed on your vehicle at your own expense. You will be required to complete an Impaired Driver Intervention Program and may be enrolled in alcohol or drug treatment or counseling program. You will also be required to obtain SR-22 insurance for the next five years.

The third DWI will result in 180 days minimum and fined $750.00. Your license will be suspended indefinitely but you may be able to petition the courts to get it back after 7 years. You may be required to install the IID on your vehicle. You will be required to complete a 28 day residential treatment program as well as participate in alcohol or drug treatment of counseling. SR-22 insurance will also be required.