New Hampshire’s motto is “Live Free or Die”, but you may lose your freedom if you have a DUI charge in this state. You can be arrested for a DUI in one of two ways. The first is the common-law drunk driving case, where you are arrested for driving while under the influence of alcohol, drugs, or a combination. This can be determined by a chemical test, field sobriety test and even your physical appearance. The second is based purely on body chemistry and is a violation of New Hampshire’s “per se” law if you have a BAC of .08% or more.
Did You Know?
You only have 30 days after your arrest date to request an administrative hearing. Failure to do this will result in your license being suspended for 180 days!
New Hampshire DUI Penalties
You will not receive jail time if you are a first offender. You must, however complete 500 hours of community service and pay a fine of $500 to $1,000. Depending on your case, your license can be suspended from 90 days to 2 years. Other common consequences are: vehicle impoundment, ignition interlock device, loss of job, probation, restricted travel, insurance problems and alcohol education.
New Hampshire BAC
You are DUI in New Hampshire if your blood alcohol content (BAC) is .08% or higher. Your blood alcohol content can be measured only through chemical testing by blood, breath or urine. Typically, breath tests are given, but they prove to be inaccurate. Blood tests are the most accurate, but must be done by a qualified medical professional.
Field Sobriety Tests
Here’s a pop quiz: a police officer can give you an FST to back up the claim that you are driving drunk. Popular methods are the HGN (horizontal gaze nystagmus) the one leg stand and the walk and turn. While each test is a little different, they will test for things such as involuntary eye jerking, balance and coordination.
Ignition Interlock System
This device will prevent you from drinking and driving because you must blow into the machine alcohol-free to start your car. It will be installed at your expense.
Zero Tolerance
You are DUI if you are under 21 and have any alcohol at all in your system while driving. You will lose your license for 6 months.
Find a DUI Lawyer in Your Area
New Hampshire is a state with tough DUI laws, but even tougher DUI lawyers. Find one who specializes in this area of law and you could win your case.