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Driving Under the Influence of Marijuana in New Hampshire

In New Hampshire, driving while under the influence of marijuana is a crime. Unlike alcohol, which requires a blood alcohol level of 0.08 percent to establish the driver is under the influence, any amount of marijuana in the driver's blood or urine will suffice establishing that the driver is under the influence. (N.H. Rev. Stat. Ann. §265-A:2.)

Implied Consent

N.H. Rev. Stat. Ann. § 265-A:4 provides the basis for implied consent, stating that any person who drives in New Hampshire gives consent to physical tests and examinations for the purpose of determining whether he or she is under the influence of controlled drugs (or intoxicating liquor).

Penalties

The penalties for driving under the influence vary based on whether it is a first or subsequent offense:

First offense, class B misdemeanor, N.H. Rev. Stat. Ann. § 265-A:18(I)(a)

  • fine of not less than 500
  • license revocation for no less than 9 months and no more than 2 years
  • offender is required to complete an impaired driver intervention program prior to the restoration of the offender's driver's license

Second offense, class A misdemeanor, N.H. Rev. Stat. Ann. § 265-A:18(IV)(a)

  • Within 2 years of first offense:
    • fine of not less than $750
    • mandatory sentence of not less than 37 consecutive days
    • privilege to drive revoked for not less than 3 years
  • Within 10 years of first offense:
    • mandatory sentence of not less than 10 consecutive days
    • privilege to drive revoked for not less than 3 years

Third offense, class A misdemeanor, N.H. Rev. Stat. Ann. § 265-A:18(IV)(b)

  • subject to all the penalties associated with a second DUI, except that
    • license revocation is indefinite and shall not be restored for at least 5 years
    • mandatory sentence of not less than 180 consecutive days

Fourth and subsequent offense, felony, N.H. Rev. Stat. Ann. § 265-A:18(IV)(c)

  • subject to all the penalties of associated with a second and third DUI, except that
  • the person shall be guilty of a felony
  • license revocation is indefinite and shall not be restored for least 7 years

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