New Hampshire's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in New Hampshire.

New Hampshire’s drugged driving law is located at New Hampshire Revised Statutes Section 265-A:2. It states, ". No person shall drive or attempt to drive a vehicle … while such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs."

In other words, in New Hampshire it’s a crime to drive while under the influence of a drug. No blood testing standard is established in New Hampshire – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

New Hampshire’s drugged driving law is directed at the prohibition of any controlled drug (as defined in New Hampshire Code § 318-B:1). (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in New Hampshire?

A driver arrested for drugged driving in New Hampshire will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about New Hampshire’s DUI laws.

Do New Hampshire drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood, saliva, and urine testing. The refusal to take the test can be admitted into evidence against the driver.

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