DUI Information for New Hampshire
TITLE XXI, MOTOR VEHICLES, CHAPTER 265-A, ALCOHOL OR DRUG IMPAIRMENT, Driving or Operating Under the Influence of Drugs or Liquor, Section 265-A:18
265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses. –
- Except as otherwise provided in this section:
(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:
(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Referred by the court to an IDCMP and, if a first-time offender, required to submit to an alcohol and drug abuse screening within 14 days of conviction, and, if testing demonstrates the likelihood of a substance use disorder, to submit further to a full substance use disorder evaluation within 30 days of conviction, to be administered by a service provider indicated by the IDCMP, and thereafter to follow the service plan developed from that substance use disorder evaluation by the IDCMP;
New Hampshire DUI – statute(s)
- H. Rev. Stat. § 265-A:2.
New Hampshire DUI – standard
- “No person shall drive or attempt to drive a vehicle upon any way . . . [w]hile such person is under the influence of . . . any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive.” N.H. Rev. Stat. § 265-A:2(I)(a).
New Hampshire DUI – applicable substances
- Controlled drug, prescription drug, over-the-counter drug, or any other chemical substance.
New Hampshire DUI – affirmative defense
New Hampshire Per se – statute(s)
New Hampshire Per se – standard
- N/A
New Hampshire Per se – applicable substances
- N/A
New Hampshire Per se – affirmative defense(s)
- N/A
New Hampshire Implied consent – applicable drivers
- Any person who drives or attempts to drive a vehicle upon the ways of New Hampshire. N.H. Rev. Stat. § 265-A:4.
New Hampshire Implied consent – tests authorized
- Chemical, infrared molecular absorption, or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath. N.H. Rev. Stat. § 265-A:4.
New Hampshire Implied consent – basis for test
- Driver must be arrested and LEO must have “reasonable grounds to believe” to believe the driver was operating the vehicle while under the influence. N.H. Rev. Stat. § 265-A:4.
- If there is a motor vehicle accident that results in death or bodily injury to any person, a living driver who an LEO has “probable cause” to believe caused the collision may be subject to chemical test. N.H. Rev. Stat. § 265-A:16.
New Hampshire Implied consent – evidence of refusal
- A refusal may be admissible into evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the driver while driving under the influence. N.H. Rev. Stat. § 265-A:10.
New Hampshire Implied consent – administrative / civil penalty for refusal
- First refusal with no prior convictionsà driver’s license suspended for 180 days.
- Second refusal, or first refusal with prior convictionà driver’s license suspended for two years. N.H. Rev. Stat. § 265-A:14.
