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New Hampshire

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

No authorization

Implied Consent Laws

Drugs

265-A:4 - Learn More
 Any person who drives, operates, or attempts to operate an OHRV, drives or attempts to drive a vehicle upon the ways of this state, or operates or attempts to operate a boat upon the public waters of the state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive and to a chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath, for the purpose of determining the controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive….

Blood

Yes

Urine

Yes

Oral Fluids

No Data Available

Other

Yes
Breath

DUI Statutes

Drugs

265-A:2 - Learn More
I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or 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 or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive; or
(b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.
II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and a controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person's ability to drive or while such person has an alcohol concentration of 0.08 or more or in the case of persons under the age of 21, 0.02 or more.

Combined/Multiple Substance

265-A:2 - Learn More
 I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or 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 or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive; or
(b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.
II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and a controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person's ability to drive or while such person has an alcohol concentration of 0.08 or more or in the case of persons under the age of 21, 0.02 or more.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

265-A:14 - Learn More
An offender with no prior DUI or refusal DUIs will have his or her license to drive or nonresident driving privileges suspended for a period of 180 days. An offender with a prior DUI or a prior refusal of consent will have his or her license suspended for two years.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

265-A:18 - Learn More
Yes

Length/Time of Restriction

First offense 9 months to 2 years
Second offense not less than 3 years
Third indefinite but not reinstated prior to 5 years
Fourth and Subsequent indefinite but not reinstated prior to 7 years.

Hardship License Available

Yes
First offense provisions: a person may petition the court for a limited driving privilege. To receive a limited driving privilege after revocation the person must provide satisfactory evidence of at least one enumerated hardship, such as needing to drive for employment, substance abuse treatment, medical treatment, education, and job training. The person must also agree to be subject to the ignition interlock program during the period of the limited license as well as one year of interlock after full restoration. The person’s license to drive will be limited by the court to specific dates, times, and location, specified by the court. This order must be carried with the person at all times while driving.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

265-A:36 - Learn More
First offense provisions: The court may, in its discretion, require the installation of an interlock device during the period of sentence reduction, and may reimpose the longer suspension period if the defendant becomes noncompliant with the treatment recommendations at any time during the suspension period.

Other Drugs

265-A:36 - Learn More
First offense provisions: The court may, in its discretion, require the installation of an interlock device during the period of sentence reduction, and may reimpose the longer suspension period if the defendant becomes noncompliant with the treatment recommendations at any time during the suspension period.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

None

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

265-A:18 - Learn More
In addition to any jail time, fines, and probation the court imposes for DWI, a driver must also complete an Impaired Driver Care Management Program (IDCMP) as a part of his or her sentence. This is provided for in the sentencing statute.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

265-A:18 - Learn More
First offense– Fine of not less than $500. Driver license or privilege to drive shall be revoked for not less than 9 months and such revocation may be extended for a period not to exceed 2 years. Required to complete an impaired driver intervention program prior to the restoration of driver license.
Second offense within 10 years– Mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7-day multiple DWI offender intervention detention. Privilege to drive revoked for not less than 3 years.
Third offense – Any person convicted shall be subject to all the penalties associated with a second DUI, except that the person’s driver’s license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years. Mandatory sentence of not less than 180 consecutive days of which 30 consecutive 24-hour periods to be served in the county correctional facility following which the offender shall complete at own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment.
Fourth and subsequent offense felony – Any person convicted shall be subject to all the penalties associated with a second and third DUI, except that the person shall be guilty of a felony, and the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least 7 years.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense– Fine of not less than $500. Driver license or privilege to drive shall be revoked for not less than 9 months and such revocation may be extended for a period not to exceed 2 years. Required to complete an impaired driver intervention program prior to the restoration of driver license.
Second offense within 10 years– Mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7-day multiple DWI offender intervention detention. Privilege to drive revoked for not less than 3 years.
Third offense – Any person convicted shall be subject to all the penalties associated with a second DUI, except that the person’s driver’s license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years. Mandatory sentence of not less than 180 consecutive days of which 30 consecutive 24-hour periods to be served in the county correctional facility following which the offender shall complete at own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment.
Fourth and subsequent offense felony – Any person convicted shall be subject to all the penalties associated with a second and third DUI, except that the person shall be guilty of a felony, and the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least 7 years.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

265-A:3, 265-A:18, VIII Learn More
A person shall be guilty of aggravated driving while intoxicated if the person drives, operates, or attempts to operate an OHRV, or if the person drives or attempts to drive a vehicle upon any way, or if the person operates or attempts to operate a boat:
I. While under the influence of intoxicating liquor or 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 or any combination of intoxicating liquor and controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person’s ability to drive and, at the time alleged:
(d) Carries as a passenger a person under the age of 16; 265-A:18, VIII. Any person convicted of a violation of RSA 265-A:2, RSA 265-A:3, or RSA 265-A:19, II, and who at the time of driving or attempting to drive a vehicle or off highway recreational vehicle or operating or attempting to operate a boat was transporting a person under the age of 16, shall have the driver's license or privilege to drive revoked for the maximum time period under the section violated and the person's license or privilege to drive shall not be restored until the offender has completed an IDCMP screening within 14 days of conviction, and if testing demonstrates the likelihood of a substance use disorder, the person shall schedule a substance use disorder evaluation within 30 days of conviction or within 30 days of release from the correctional facility, whichever occurs later, complete the required substance use disorder evaluation within 60 days of release from the correctional facility, comply with the service plan developed from the substance abuse disorder evaluation by the IDCMP, and complete a department of health and human services approved impaired driver education program prior to the restoration of the person's driver's license or privilege to drive; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of this requirement.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Chapter 318-B Controlled Drug Act - Learn More
Tetrahydrocannabinols are referenced here

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

18
Any person age 18 or older who possesses less than three-quarters of an ounce of marijuana is guilty of a violation and may be fined $100. Fines rise for third and fourth offenses.

Underage Cannabis Laws and Penalties

Underage Possession

263-56:B - Learn More
Any person under 18 years of age who is convicted of sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

Underage Consumption

318-B:2 - Learn More
Any person under 21 years of age who is convicted of sale or possession of controlled drugs may be subject to revocation or denial of a driver’s license or privilege to drive for a period between 90 days and 1 year.

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

General Requirements for Minor Patients (under age 18)
• The Minor Patient Application must be completed by the minor's custodial parent or legal guardian.
• The custodial parent or legal guardian must apply for and be approved as the minor's Designated Caregiver.
• This is a combined application for both the patient and the caregiver.
• A minor may have two Designated Caregivers, both of whom must be the patient's custodial parent or legal guardian.
Submitted with Application Form:
Two "Written Certification for the Therapeutic Use of Cannabis" forms completed by two medical providers, one of whom must be a pediatrician.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available – Penalties seem to be outlined for education and treatment in sentencing provisions for DUI.

Social Host Laws

Cannabis

None
New Hampshire social host law appears to be targeting alcohol and minors only.

Drugs

None

Penalties for Retailers Who Knowingly Sell to People Under 21

Includes possession with intent to sell. The sale of less than 1 ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000. Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

Other

No Data Available