New Hampshire Drunk Driving Fines & Penalties

Learn about the penalties for a DUI / DWI conviction in New Hampshire.

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What are the penalties for a DUI/DWI in New Hampshire?


1st Offense

2nd Offense

3rd Offense

Jail

10 days min.

30 days min.

180 days min.

Fines and Penalties

$500 to $750

$750 min.

$750 min.

License Suspension

9 to 18 months

3 years min.

Indefinitely

IID** Required

No

Possible

Possible

New Hampshire Aggravated DWI

When your are arrested for a DWI in New Hampshire under any one of the circumstances listed below your DWI will be considered an "Aggravated DWI". This will likely increase jail time, fines and other penalties.

  • Driving 30 MPH over the Speed Limit
  • Causes a Collision Resulting in Serious Injury
  • Attempts to Elude a Law Enforcement Officer
  • Passenger Under the Age of 16 in Vehicle
  • A Blood Alcohol Level of .16 or Above

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in New Hampshire?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in New Hampshire?

New Hampshire has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about New Hampshire’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

180 day license suspension

2 year license suspension

2 year license suspension

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in New Hampshire?

In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in New Hampshire. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction.

Drinking and Driving Laws in New Hampshire

In the State of New Hampshire it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The .08 limit is the standard measurement used across the United States for the "impaired" driver. New Hampshire has lower BAC limits for drivers of commercial vehicles and drivers under the age of 21. In addition to alcohol the New Hampshire DUI law also includes driving under the influence of controlled substances such as marijuana, cocaine and other drugs.

How many drinks does it take to reach the legal limit in New Hampshire? This question is usually asked by drivers who want to know how many drinks they can have before they are considered legally drunk. There are charts and calculators that can give you some idea of how many drinks it takes to reach the .08 percentage limit, but these tools cannot predict with certainty an individual drivers impairment level. In most states you can be arrested for a DUI without reaching the .08 limit if the law enforcement officer believes that you are too intoxicated to operate a motor vehicle.

The best answer is not to drink and drive. The State of New Hampshire has strict laws for drunk driving, and when you drink and drive in New Hampshire, you risk your freedom, finances and your future.

The first time you receive a drunk driving conviction in New Hampshire you will receive a fine up to $500. You will also have your license suspended for a period of 9 months up to 2 years. To get your drivers license back after the suspension you will need to attend and complete an impaired driver intervention program at your own expense. The court may also order a drug and or alcohol treatment program and may require the convicted driver to submit random urinalysis or other tests that the court deems appropriate.

If you are arrested a second time for drunk driving in New Hampshire you will face a mandatory minimum jail sentence of 10 days. You will also be fined up to $750 and your drivers license will be revoked for not less than 3 years. To get your drivers license back after the suspension you will need to attend and complete a 7 day multiple DWI offender intervention detention center program at your own expense. The court may also order a drug and or alcohol treatment program and may require the convicted driver to submit random urinalysis or other tests that the court deems appropriate.

If you are convicted of a 3rd DWI in New Hampshire your drivers license will be suspended indefinitely and will not be restored for a minimum of 5 years. You will also be sentenced to a minimum of 180 days in the county correctional facility followed by a 28 day residential treatment program paid for at the convicted drivers expense. The court may also order a drug and or alcohol treatment program and may require the convicted driver to submit random urinalysis or other tests that the court deems appropriate.

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