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New Hampshire DWI Laws Penalties And Fines
New Hampshire DWI Laws
Definition of Intoxication:
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others. In New Hampshire, drunk driving is called Driving While Impaired (DWI) or Driving Under the Influence (DUI), depending on how it’s proved. Here is some basic information about New Hampshire DWI-DUI laws:
Definition of Intoxication. The different New Hampshire drunk driving charges are proved two different ways:
1. Driving While Impaired (DWI) - With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. Driving Under the Influence (DUI) - With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers).
New Hampshire drivers under age 21 are DWI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard. This is known as a per se offense.
Summary of Illegal BAC Levels in New Hampshire:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DWI in New Hampshire is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DWI - DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in New Hampshire
The penalties for a drunk driving conviction in New Hampshire are serious, and they become even more severe with repeat offenses.
A DWI - DUI conviction in New Hampshire remains on your record for ten (10) years, for purposes of calculating repeat offense levels, but repeater penalties for a second offense are higher if your first offense was within 2 years.
