If you only remember one point about DUI penalties in New Hampshire, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license revocation, Impaired Driver Intervention, and ignition-interlock conditions. Felony threshold: A third DWI within 10 years can be a felony; DWI with serious injury/death can also be a felony. Procedure, examples, and the opinions below hang off N.H. Rev. Stat. Ann. § 265-A:2. Lookback: Prior DWI convictions within 10 years enhance penalties.. Ignition interlock: Ignition interlock is commonly required for reinstatement after DWI.
First-offense penalties
First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license revocation, Impaired Driver Intervention, and ignition-interlock conditions.
Walking through New Hampshire facts
Use this walkthrough to see which New Hampshire authority does the work at each step.
A driver in New Hampshire is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license revocation, Impaired Driver Intervention, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A third DWI within 10 years can be a felony; DWI with serious injury/death can also be a felony. Lookback: Prior DWI convictions within 10 years enhance penalties.
- Interlock: Ignition interlock is commonly required for reinstatement after DWI.
New Hampshire DWI under RSA 265-A:2 proceeds in circuit court with parallel DMV administrative actions.
When a New Hampshire DUI becomes a felony
A third DWI within 10 years can be a felony; DWI with serious injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for reinstatement after DWI.
How a typical New Hampshire DUI case unfolds
New Hampshire DWI under RSA 265-A:2 proceeds in circuit court with parallel DMV administrative actions.
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Case law: DUI penalties in New Hampshire
The State of New Hampshire v. Steven P. Wong The State of New Hampshire v. Joel Grindle
…d sobriety tests, the defendant was placed under arrest for driving under the influence of alcohol and given a breathalyzer test which he failed: at 11:29 p.m., approximately an hour and a half after the accident, the breathalyzer revealed the defendant’s .16 percent blood alcohol content. Patrolman Deneault, the breathalyzer operator, observed the defendant for a twenty-minute…
New Hampshire opinions such as The State of New Hampshire v. Steven P. Wong The State of New Hampshire v. Joel Grindle are cited where DUI penalties is disputed. The court stated: "d sobriety tests, the defendant was placed under arrest for driving under the influence of alcohol and given a breathalyzer test which he failed: at 11:29 p.m., approximately an hour and a half after the accident, the breathalyzer revealed the defendant’s .16 percent blood alcoho" That is the language to brief; the rest of the decision supplies the procedural posture.
The State of New Hampshire v. Sheldon Cassady
The State of New Hampshire v. Sheldon Cassady, 140 N.H. 46 (1995)
…t does not. The defendant, Sheldon Cassady, is charged with driving under the influence of liquor, RSA 265:82 (1993 & Supp. 1994). On May 27, 1994, Officer Bobby Joslin of the Durham Police Department was dispatched to the scene of a single-car accident in Durham. When he arrived, he met the defendant, the driver of the car. After noticing an odor of alcoholic beverages, Office…
The State of New Hampshire v. Sheldon Cassady is worth reading on New Hampshire DUI penalties because the court put the point in its own words: "The defendant, Sheldon Cassady, is charged with driving under the influence of liquor, RSA 265:82 (1993 & Supp. 1994). On May 27, 1994, Officer Bobby Joslin of the Durham Police Department was dispatched to the scene of a single-car accident in Durham." Use that passage as the starting point, then read the facts that precede it.
The State of New Hampshire v. Daniel Taylor
The State of New Hampshire v. Daniel Taylor, 132 N.H. 314 (1989)
…l level of .13 percent was prima facie evidence that he was driving under the influence of intoxicating liquor was in error. The defendant contends that since his blood alcohol content was tested approximately one hour and fifteen minutes after he was arrested, the test results do not accurately reflect his blood alcohol content at the time he was operating his vehicle. We hold…
Practitioners open The State of New Hampshire v. Daniel Taylor when New Hampshire DUI penalties turns on the distinction in this sentence: "The defendant contends that since his blood alcohol content was tested approximately one hour and fifteen minutes after he was arrested, the test results do not accurately reflect his blood alcohol content at the time he was operating his vehicle." Do not lift it out of the facts the court was deciding.
The State of New Hampshire v. John D. Wiggin
The State of New Hampshire v. John D. Wiggin, 151 N.H. 305 (2004)
…bench trial in the Henniker District Court (Scheffy, J.) of driving under the influence of intoxicating liquor. See RSA 265:82, 1(a) (Supp. 2003). He appeals the court’s denial of his motions to suppress and to dismiss. We affirm. The record of the hearing supports the following facts. On February 2, 2003, at approximately 1:30 a.m., Henniker Police Officer Neal Martin responde…
On DUI penalties, The State of New Hampshire v. John D. Wiggin speaks to the New Hampshire dispute in this passage: "Henniker District Court (Scheffy, J.) of driving under the influence of intoxicating liquor. See RSA 265:82, 1(a) (Supp. 2003). He appeals the court’s denial of his motions to suppress and to dismiss. We affirm. The record of the hearing supports the following facts." The surrounding opinion shows how the court applied that language to the record.
Michael Saviano v. Director, N.H. Division of Motor Vehicles
Michael Saviano v. Director, N.H. Division of Motor Vehicles, 151 N.H. 315 (2004)
…g out of acts alleged to have been committed while you were driving under the influence of alcohol or drugs. 2. You are being asked to submit to a test or tests, at the discretion of a law enforcement officer, in order to determine the alcohol or drug concentration in your system. You may be asked to perform a breath, blood or urine, or physical test, or any combination of thes…
Michael Saviano v. Director, N.H. Division of Motor Vehicles is worth reading on New Hampshire DUI penalties because the court put the point in its own words: "You are being asked to submit to a test or tests, at the discretion of a law enforcement officer, in order to determine the alcohol or drug concentration in your system." Use that passage as the starting point, then read the facts that precede it.
The State of New Hampshire v. Robert A. Ricci, Jr.
The State of New Hampshire v. Robert A. Ricci, Jr., 144 N.H. 241 (1999)
…defendant, Robert A. Ricci, Jr., appeals his conviction for driving under the influence, see RSA 265:82 (Supp. 1998), arguing that the Portsmouth District Court {Giles, J.) erred in denying his motion to suppress evidence obtained from a warrantless entry into his home. We affirm. *242Because no separate evidentiary hearing was held on the suppression motion, we recite the fact…
Practitioners open The State of New Hampshire v. Robert A. Ricci, Jr. when New Hampshire DUI penalties turns on the distinction in this sentence: "Robert A. Ricci, Jr., appeals his conviction for driving under the influence, see RSA 265:82 (Supp. 1998), arguing that the Portsmouth District Court {Giles, J.) erred in denying his motion to suppress evidence obtained from a warrantless entry into his home. We affirm." Do not lift it out of the facts the court was deciding.
State v. James A. Dunsmore
State v. James A. Dunsmore, 112 N.H. 382 (1972)
….) provides that any person who is arraigned on a charge of driving under the influence of intoxicating liquor “shall file notice in said court, within five days immediately following the receipt by said person of the results of any blood alcohol test administered to him, requiring the attendance of the person who took the sample for said test or of the person who conducted sai…
New Hampshire opinions such as State v. James A. Dunsmore are cited where DUI penalties is disputed. The court stated: ".) provides that any person who is arraigned on a charge of driving under the influence of intoxicating liquor “shall file notice in said court, within five days immediately following the receipt by said person of the results of any blood alcohol test administered to him, requiri" That is the language to brief; the rest of the decision supplies the procedural posture.
Daniel Proulx v. Director, New Hampshire Division of Motor Vehicles
Daniel Proulx v. Director, New Hampshire Division of Motor Vehicles, 154 N.H. 350 (2006)
…ts. Officer Barnett subsequently arrested the plaintiff for driving under the influence. Once in the police cruiser, Officer Barnett read the administrative license suspension (ALS) form to the plaintiff and asked if he would submit to a breathalyzer test. The plaintiff replied that he wanted to think about it. He then asked Barnett about the consequences of refusing to submit…
On DUI penalties, Daniel Proulx v. Director, New Hampshire Division of Motor Vehicles speaks to the New Hampshire dispute in this passage: "Officer Barnett subsequently arrested the plaintiff for driving under the influence. Once in the police cruiser, Officer Barnett read the administrative license suspension (ALS) form to the plaintiff and asked if he would submit to a breathalyzer test." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DWI convictions within 10 years enhance penalties.
- First-offense range: First-offense DWI is typically a misdemeanor Class B with fines, possible jail, license revocation, Impaired Driver Intervention, and ignition-interlock conditions.
- Felony threshold: A third DWI within 10 years can be a felony; DWI with serious injury/death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for reinstatement after DWI.
- Primary authority: N.H. Rev. Stat. Ann. § 265-A:2.
Blood alcohol limits in New Hampshire
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DWI convictions within 10 years enhance penalties.
Frequently asked questions
What is the legal BAC limit in New Hampshire?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in New Hampshire?
A third DWI within 10 years can be a felony; DWI with serious injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for reinstatement after DWI.
This guide covers New Hampshire impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.