New Hampshire DUI Penalties
Implied Consent Laws
Laws involve drivers alleged of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include mandatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In New Hampshire, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this substantiation is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In New Hampshire, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more stern punishment for those convicted of DUI with a particularly high blood-alcohol content at the instance of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in New Hampshire.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above New Hampshire’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In New Hampshire, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The fine of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a chance in some states, ordinarily for repeat offenders. This is not a penalty option in New Hampshire.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an alternative in New Hampshire.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol tutoring and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug dependency can be required for DUI offenders in New Hampshire. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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