New Hampshire DUI Laws and Penalties
Explained
Being arrested for a DUI (Driving Under the Influence) in New Hampshire requires detailed knowledge of the state's DUI laws and penalties to properly navigate your legal situation.
New Hampshire DUI laws are tough, with significant consequences for those found guilty, including monetary fines, license suspension, and possible jail time. This resource offers a complete analysis of DUI penalties in New Hampshire to keep you informed and ready.
An Overview of New Hampshire DUI Laws
New Hampshire DUI laws are regulated by N.H. Rev. Stat. § 265-A:2, which makes it unlawful to operate or have actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. The state imposes severe penalties for DUI violations, with consequences that grow significantly for repeat violators.
Under New Hampshire law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances represents one offense, established by impairment of normal abilities or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
New Hampshire operates under an "implied consent" law, which means that by operating a vehicle on New Hampshire roads, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing leads to automatic license suspension and can be used as evidence against you in court.
An Overview of New Hampshire DUI Penalties
Under New Hampshire law (N.H. Rev. Stat. § 265-A:2), DUI penalties may include substantial fines, potential imprisonment, license suspension, and required ignition interlock device installation, with the severity based on your history and specific circumstances.
These consequences can have a significant impact on your driving privileges, employment prospects, and financial well-being. Whether you're seeking general information or facing DUI charges, it's important to understand New Hampshire's strict laws and the increasing penalties that accompany each offense.
Specific Penalties for a DUI in New Hampshire
New Hampshire DUI Fine Schedule
In New Hampshire, DUI fines grow with each offense. The penalties are much higher if your blood alcohol level is 0.16 or above or if a child was in the car at the time of arrest. These circumstances are considered especially dangerous.
The state uses financial penalties to highlight the seriousness of impaired driving. Repeat offenders face much higher fines as a way to discourage patterns of dangerous behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
New Hampshire Imprisonment Terms
New Hampshire imposes stricter jail sentences for each DUI conviction. A first offense may result in up to one year of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.
Repeat offenses lead to mandatory minimum jail stays. The law also requires some jail time to be served consecutively to ensure the offender cannot easily circumvent the sentence.
First Conviction
- Up to 1 year imprisonment
- Enhanced penalties for high BAC
Second Conviction
- 60 days minimum to 2 years imprisonment
- Enhanced penalties for repeat offense
Third Conviction
- 180 days minimum to 2 years imprisonment
- Felony charges possible
Fourth+ Conviction
- Felony: 1 to 7 years imprisonment
- Habitual offender classification possible
New Hampshire Vehicle Impoundment/Immobilization
New Hampshire law may require the offender's vehicle to be impounded after certain DUI convictions. The duration depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, especially for repeat offenders or when the vehicle was used in commission of the offense.
Unless the family has no other transportation:
New Hampshire Driver License Revocation Periods
Losing your driver's license in New Hampshire after a DUI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 90 days, but that time increases significantly for repeat offenses.
Multiple offenses lead to much longer revocations. After a fourth conviction, the state revokes your license for five years. In some cases, you may apply for limited driving privileges after serving a minimum period, but this is not guaranteed.
First Offense
- • 9 months to 2 years suspension
- • Enhanced: Test refusal: 6 months suspension
Second Offense
- • 3 years suspension
- • Enhanced: Test refusal: 2 years suspension
Third Offense
- • Indefinite suspension
- • Enhanced: Test refusal: Indefinite suspension
Fourth+ Offense
- • Indefinite to lifetime revocation
- • Enhanced: Test refusal: Lifetime revocation
Serious DUI Offenses in New Hampshire
New Hampshire treats DUI-related fatalities as serious felonies. DUI manslaughter can carry up to 15 years in prison and a substantial fine. If the driver flees the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases demonstrate how New Hampshire distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
New Hampshire Ignition Interlock Law and Device Guidelines
New Hampshire law mandates ignition interlock devices for certain DUI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with a BAL of 0.16 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
N.H. Rev. Stat. § 265-A:2New Hampshire Department of Motor Vehicles
About Low Cost Interlock
Low Cost Interlock is a premiere provider of ignition interlock devices in New Hampshire. Our ignition interlock services are designed to make the ignition interlock program easy and convenient for you, ensuring that you complete your interlock obligations without hassle. Our system has been tested to ensure reliability in an affordable, easy-to-use design.
