Drink-driving limits in New Hampshire (2026)

Last reviewed: 29 October 2026

In short: New Hampshire sets its own drink-driving rules. Fields not shown are not yet verified.

RuleWhat applies
Random breath tests without suspicionDriving after drinking alcohol⚠ Not yet verified
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.08 % blood alcohol [1]
Lower limit for novice or young driversDriving after drinking alcohol0.02%: for a person under the age of 21, an alcohol concentration of 0.02 or more is an offence. [1]
Limit for professional or commercial driversDriving after drinking alcohol0.04%: a commercial licence holder driving a commercial vehicle with an alcohol concentration of 0.04 or greater is subject to commercial licence penalties. Separately, a person may not drive a commercial motor vehicle with any alcohol in the system (out of service for 24 hours). [2]
Maximum penaltiesDriving after drinking alcoholFirst offence: class B misdemeanour, fine of at least USD 500, licence revoked at least 9 months. Second offence: class A misdemeanour, fine of at least USD 750, revoked at least 3 years. Third offence: revoked indefinitely, at least 5 years. Fourth or later: felony, no petition for a licence for at least 7 years. Aggravated DWI: class B felony, fine of at least USD 1,000. [3]

Notes

  • RSA 265-A:23 refers to 0.04 for commercial licence holders; RSA 265-A:24 separately bars any alcohol in the system while driving a commercial motor vehicle, so the effective limit for such drivers is the stricter one. The fines are minimums set by statute; the maximum is not stated in the sections read.

Sources

  1. New Hampshire General Court: RSA 265-A:2 Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration (Internet Archive snapshot of 16 August 2025) (consulted 29 October 2026) · all sources
  2. New Hampshire General Court: RSA chapter 265-A, Alcohol or Drug Impairment, sections 265-A:23 and 265-A:24 (Internet Archive snapshot of 28 August 2026) (consulted 29 October 2026) · all sources
  3. New Hampshire General Court: RSA 265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses (Internet Archive snapshot of 20 April 2026) (consulted 29 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Limit for professional or commercial drivers0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register))

New Hampshire and neighbouring states

StateBlood alcohol limit for ordinary driversLower limit for novice or young driversLimit for professional or commercial driversRandom breath tests without suspicionMaximum penalties
New Hampshire
0.08%
0.02% (under 21)
0.04%; none in CMV (any alcohol)
⚠ Not yet verified
Felony on 4th offence; min. USD 500 fine
Massachusetts
0.08%
0.02% = licence suspension (under 21)
Zero (commercial vehicles)
⚠ Not yet verified
Fine $500-$5,000 or up to 2.5 years
Maine
0.08%
0.00 (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
Class D crime; fine min. $500

More rules in New Hampshire

  • CannabisPossession for personal use: Violation: $100 fine up to 3/4 oz
  • Car speed limitsBuilt-up areas: 30 mph · Outside built-up areas (single carriageway): 55 mph (45 mph on unimproved rural highway)
  • Minimum age for a car driving licenceMinimum age for a car licence: 16 (youth operator licence) · Earliest age to drive a car supervised: 15½ (learning to drive, accompanied)
  • E-bikes and speed pedelecsLegal class: Class 1, 2, 3 (bicycle) · Minimum age: 16+ for Class 3
  • FireworksConsumers may buy and use category F2 fireworks: Yes (permissible fireworks, licensed sellers) · Minimum age to buy: 21 (18+ if on active duty)
  • Knives and pepper sprayFolding pocket knives: Knives not named in the carry offence · Locking or one-handed knives: Not named in the carry offence
  • Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $7.25 per hour
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed (18+)
  • Seat belts and child seatsSeat belt compulsory in front seats: Under 18 only · Seat belt compulsory in rear seats: Under 18 only
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.