Fourth offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.16
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
51-100 DREs
No DUI Courts
1-5 Hybrid Courts
No cannabis open container law
Medical Cannabis & Decriminalized
Blood and urine
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC may be considered with other evidence
active
Mandatory all offender
Legislation
Narcotics
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Lacks authorization
No authorization
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….
Yes
Yes
No Data Available
Yes
Breath
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.
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.
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.
Yes
Yes
265-A:18 - Learn More
Yes
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.
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.
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.
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.
No Data Available
None
No Data Available
No Data Available
No Data Available
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.
No Data Available
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.
Yes
Yes
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.
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.
Chapter 318-B Controlled Drug Act - Learn More
Tetrahydrocannabinols are referenced here
No Data Available
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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.
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.
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.
No Data Available
No Data Available
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.
No Data Available
No Data Available – Penalties seem to be outlined for education and treatment in sentencing provisions for DUI.
None
New Hampshire social host law appears to be targeting alcohol and minors only.
None
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.
No Data Available