New Hampshire DUI Law & Lawyers: DUI-Web

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An arrest for DUI in New Hampshire will result in two separate cases. The first case, is the criminal court case in which you can be subject to various criminal penalties including fines, license suspensions and even jail time. The second case is a civil or administrative case against the New Hampshire Department of Motor Vehicles. The sole issue with the administrative case is your privilege to drive. It is quite possible to have the criminal charges dismissed and still have your license suspended if you lose the administrative case.

The prosecution in a New Hampshire DUI case will have two separate theories in which to prove their case. The first theory, and the most common, is the "per se" theory. All the prosecution has to prove in this case is that you were driving with a blood-alcohol content of .08% or higher. It makes no difference whether or not you were driving in an unsafe manner or you were impaired in any way by your alcohol consumption. The law is broken by simply having a blood-alcohol content of .08% or higher, period.

The second theory in which prosecution can choose to prove that you broke the law is the "under the influence" theory. Under this theory, the prosecution will have to prove that because of your consumption of alcohol and/or drugs your mental and physical faculties were negatively affected. The prosecution will have to prove that your driving was impaired through the use of evidence such as the arresting officer’s testimony regarding your field sobriety test, your physical appearance, driving pattern and possibly the testimony of eyewitnesses. It is possible to be convicted of a DUI under this theory even if your blood alcohol content was below .08%.

As stated above, when you're arrested for DUI in New Hampshire it triggers not only the criminal case but the administrative case as well. If you are arrested for a DUI in New Hampshire and either refuse to submit to a BAC test or your test results were .08% or higher, your license will be suspended 30 days after the date of your arrest unless you request an administrative hearing. If you fail to request an administrative hearing your license will be suspended for 180 days, and there is no recourse to request a hearing once the 30 days after your arrest has lapsed.

Minimum fine of $350 plus $70 penalty assessment; up to $2000 fine plus a $400 penalty assessment. Your license will be suspended for 90 days to two years with no restricted and/or hardship license available.

Minimum of three days in jail plus a seven day inpatient treatment program; a maximum of one year in jail; a fine of $500 to $2000 with an additional assessment penalty of $100 to $400 and your license will be suspended for three years.

Up to one year in jail; a fine of between $500 to $2000 plus penalty assessments of 20% of the fine and your license will be suspended for seven years. In addition, you will be required to participate in a 30 day inpatient treatment program.

New Hampshire Enhanced DUI Penalties

Recently, the state legislature has imposed punishment enhancements for certain "aggravating factors" in connection with a DUI arrest. The "aggravating factors" can include a blood-alcohol content of .16% or higher, speeding 30 mph or above the posted speed limit and causing an accident in which serious bodily harm or death resulted. If any these factors exist the state can charge you with aggravated DWI, a class A misdemeanor.

If you were involved in an accident which caused serious bodily harm or death while under the influence of alcohol you will be charged with a more serious felony. Below are the punishments available for DUI convictions. These punishments will be enhanced if "aggravating factors" are present.