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New Hampshire's Drugged Driving Laws

New Hampshire's drunk and drugged driving laws can be found in Chapter 265-A of the New Hampshire Statutes, titled “Alcohol or Drug Impairment.” Specifically, § 265-A:18 lists the penalties for intoxication or under the influence of drug offenses.

The statutes state that it is illegal to drive in the state of New Hampshire if you are under the influence of a:

  • Controlled drug
  • Prescription drug
  • Over-the-counter drug
  • Other chemical substance

To be “under the influence” of any of the aforementioned types of drugs, it must be shown that the substance impaired your ability to drive. You can be arrested and charged with DWI in New Hampshire even if your blood alcohol concentration (BAC) was under .08 percent (or less than .02 percent for those under the legal drinking age of 21).

Any person convicted under this statute is guilty of a class B misdemeanor. Penalties include:

  • Minimum fine of $500
  • Required alcohol/drug abuse screenings
  • Possible substance abuse evaluation / service plan
  • Impaired driver education program
  • Fees related to driver's license suspension/revocation

New Hampshire also has statutes for aggravated DWI offenses involving drugs in § 265-A:3 of the statutes. Anyone who is convicted of this class A misdemeanor under New Hampshire's aggravated DWI statutes can face penalties such as:

  • Minimum fine of $750
  • Minimum 17 consecutive days in a correctional facility
  • Substance use disorder evaluation
  • Ignition Interlock Device (IID) per RSA § 265-A:36
  • Minimum 18 months driver license revocation
  • Possible random urinalysis

Penalties can become more severe based on extenuating circumstances such as multiple prior offenses, extreme intoxication (ex: over double the legal limit), DWI causing injury/death, and more. For a comprehensive overview of New Hampshire's penalties for drugged driving, view § 265-A:18 – “Penalties for Intoxication or Under Influence of Drugs Offenses.”

If you were arrested for DWI involving a controlled drug such as marijuana, a prescription drug, over-the counter drug (ex: cough syrup), or other chemical substance, contact a New Hampshire DWI attorney at Shaheen & Gordon, P.A. today for tough defense!