DUI Reference Guide

New Hampshire DUI Laws

Punishment and penalties for Driving Under the Influence (DUI) in the state of New Hampshire can be serious.  Drivers may be arrested for driving under the influence of alcohol, drugs or both.  Police officers often stop vehicles for suspicion of DUI based on certain driving patterns.  If a driver is swerving or weaving; braking erratically; responding to traffic signals slowly; following another vehicle too closely; driving with headlights off; or driving more than 10mph below the normal speed limit, these each can be a sign that a driver may be under the influence.

New Hampshire also is one of the states, which now report DUI convictions in that state to a driver’s home state.  Membership in the Interstate Driver’s License Compact allows a driver’s state of legal residence to impose consequences on anyone who is convicted of DUI offenses in New Hampshire.  A non-resident driver also is required to attend driving school before being allowed to drive in the state of New Hampshire again.

To be considered legally intoxicated in the state of New Hampshire, a driver must have a blood alcohol content (BAC) of 0.08% or higher.  For drivers under the age of 21 a BAC of 0.02% or higher is considered to be driving while intoxicated. 

A person can be arrested for Aggravated DWI (Driving While Intoxicated) if driving at a speed more than 30 mph in excess of the legal speed limit; causes a motor vehicle accident, which results in serious bodily injuries to another person; has a passenger under the age of 16 in the vehicle at the time; attempts to elude pursuit by a law enforcement officer; or has a blood alcohol content of 0.16% or greater. 

An officer who suspects that a driver may be under the influence of alcohol and/or drugs may request that driver to perform some field sobriety tests including asking the accused to: stand on one leg; close his or her eyes and then tilt back the head for about 30 seconds; bring the index finger to the nose while standing straight with the eyes closed; follow a moving object (such as a pen) from side to side; or take nine steps forward heel–to–toe along a straight line, and then turn, and walk back the same way.  The purpose of these tests is to help the officer determine whether a driver is able to keep his or her balance, sways, or shows involuntary jerking motions or tremors, all signs of possible intoxication.   

No jail time is required for conviction of a first DUI offense, unless the driver’s BAC is .16% or higher, or if other aggravating factors are involved.  Fines can range from between $350 minimum fine – $2,000 maximum.  Additional penalty assessments can add up to $70 – $400 more.  Drivers who are 21 years of age and older can have their licenses suspended anywhere from 90 days to two years.  A driver under the age of 21 faces losing his or her license for six months.

Drivers convicted of a second DUI offense may be sentenced to up to one year in jail, and are required to attend a 7 – day residential treatment program.  In addition, license can be suspended for three years.

Anyone convicted of a third DUI offense can be sentenced to up to a one year jail term and a mandatory 30 – day alcohol treatment program. Failure to enter a treatment program within a reasonable frame of time can prevent a driver’s license from being restored by the court.  License can be suspended for seven years.      

In the past few years there have been changes regarding DUI and related offenses laws in the state of New Hampshire.  The laws are complicated and sentencing can vary depending upon a variety of circumstances.  Anyone who is arrested for a DUI and facing charges, should consult with a lawyer who specializes in DUI cases.  It is best to consult with a lawyer who concentrates on DUI cases.  Other lawyers are often not familiar enough with DUI laws and updates to provide the best defense and representation for their clients.  Search the yellow pages and any online lawyer directories for DUI lawyers before the set court dates.