DUI Laws in New Hampshire

Here are the important facts about DUI in New Hampshire.

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In New Hampshire, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in New Hampshire says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in New Hampshire and other details about New Hampshire DUI law.

In New Hampshire, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in New Hampshire, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

180 day license suspension

2 year license suspension

2 year license suspension

 

In New Hampshire, when do police have to measure your blood alcohol content (BAC)?

In New Hampshire, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in New Hampshire?

In New Hampshire, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. Additionally, there is a penalty of a 1 year license suspension.

What are the minimum jail times for a DUI in New Hampshire?

Here are the minimum jail times for a DUI in New Hampshire, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail term

If second offense is within 2 years of first offense: 37 days jail If second offense is within 10 years of first offense: 10 days jail

180 days jail

 

How long will prior DUI convictions remain relevant for sentencing purposes in New Hampshire?

In New Hampshire, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 10 years.

Can a DUI be “pleaded down” to a "wet reckless" in New Hampshire?

In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in your state. 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. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in New Hampshire?

Yes, an ignition interlock device is required to be installed on any vehicle driven by the defendant during the period of license revocation, for second offenses and all other subsequent offenses as well as for aggravated DUI offenses (BAC of .16% or higher).

Where can I get more information about DUI laws in New Hampshire?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of New Hampshire DUI attorneys in your area.

Last updated on 09/01/2010.

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