8Jul 2015

What is ‘legally drunk’ in New Hampshire

For drivers under the age of 21 years they are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years they are legally drunk when their blood alcohol level is more than .08. However, commercial vehicle drivers are considered to be legally drunk if their blood alcohol level is more than .04, school bus drivers are considered to be commercial drivers in New Hampshire.

New Hampshire Drunk Driving Penalties

For first time offenders, they face the following penalties:

  • A fine not exceeding $500
  • The offender is required to complete an impaired driver intervention program
  • The revocation period for the offender’s driver’s license is 9 months to 2 years
  • The offender may be required to attend an alcohol treatment and counseling

For a second time offender within ten years of the first offence, he/she faces:

  • A prison sentence not exceeding 1 year
  • The offender will be subjected to 7 days in a  state-operated DWI offender intervention detention center
  • A fine not exceeding $750
  • The revocation period for the offender’s driver’s license is at least 3 years
  • The offender may be required to attend an alcohol treatment and counseling

 
A third time offender within 10 years of the previous conviction faces:

  • A prison sentence of at least 6 months in a county correctional facility
  • At least 28 days in an intensive course of substance abuse treatment or a residential treatment program
  • The  offender’s driver’s license will be revoked indefinitely
  • After 5 years the offender may petition the court for eligibility to re-apply for a license

 
For a fourth or subsequent conviction within 10 years of the first offence, the offender will face all of the penalties applicable to second and third-time offenders. However, the offender cannot petition the court for eligibility to re-apply for a license until seven years elapses.

The Point System in New Hampshire

The New Hampshire DMV uses the Point System to discipline drivers for unsafe driving. Demerit points will be assessed for certain violations upon conviction. The number of points you are given depend on the seriousness of the traffic violation, for a DUI offence you get 6 points.

 

One response on “DUI Law in New Hampshire

  1. Your point of view caught my eye and was very interesting. Thanks. I have a question for you.

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