State of New Hampshire Laws
The legal drinking age in New Hampshire is 21. If you are under 21, it is illegal to:
1. Have in your personal possession any alcoholic beverages,
2. Misrepresent your age for purpose of obtaining alcoholic beverage,
3. Drive in a car having alcoholic beverage except when accompanied by a parent, step-
parent, grandparent, step-grandparent, legal aged sibling, guardian, or domestic partner.
“Legal age spouse” means a person 21 years of age or older.
4. Be in an area where alcoholic beverages are served unless accompanied by person 21
years of age.
Penalty: fine and/or jail sentence
(DWI) Driving While Intoxicated and Driving under the influence (DUI)
265-A: 2 Driving or operating under the influence of drugs or liquor; Driving or operating
with excess alcohol concentration
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: 3 Aggravated Driving While Intoxicated.-
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:
(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury, as
defined in RSA 625:11, VI, to the person or another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing
headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a