New Hampshire Traffic Laws: Points, Tickets, License Suspension and DUI
New Hampshire driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for New Hampshire
- Point system
- New Hampshire uses a demerit point system counted by calendar year (using the violation date). Drivers 21 and older face suspension of up to 3 months for 12 points in one calendar year, up to 6 months for 18 points in 2 consecutive calendar years, and up to 1 year for 24 points in 3… N.H. Admin. Rules, Saf-C 212.02
- Points for speeding
- Speeding less than 25 mph over the posted limit is 3 points; speeding 25 mph or more over the posted limit is 4 points. N.H. Admin. Rules, Saf-C 212.03(c)(17), (d)(5)
- Legal BAC limit
- 0.08 for drivers 21 and older; 0.02 for drivers under 21. RSA 265-A:2, I(b)
- First-offense DUI penalties
- A first DWI conviction is a class B misdemeanor with a fine of at least $500. The person must undergo alcohol and drug screening (and evaluation and treatment if indicated), complete an approved impaired driver education program and a victim impact panel, and pay program fees. RSA 265-A:18, I(a); RSA 265-A:30, II(b)
Last verified: 2026-10-27
Tickets and points
| Point system | New Hampshire uses a demerit point system counted by calendar year (using the violation date). Drivers 21 and older face suspension of up to 3 months for 12 points in one calendar year, up to 6 months for 18 points in 2 consecutive calendar years, and up to 1 year for 24 points in 3 consecutive calendar years. Drivers 18 to under 21: 9, 15 and 21 points. Drivers under 18: 6, 12 and 18 points. If one incident leads to several convictions, points are assessed for only the highest-value offense. Out-of-state convictions are also assessed points. Source: N.H. Admin. Rules, Saf-C 212.02 |
|---|---|
| Points for speeding | Speeding less than 25 mph over the posted limit is 3 points; speeding 25 mph or more over the posted limit is 4 points. |
| How long points last | Suspension thresholds are measured over one, two or three consecutive calendar years, based on the violation date. Source: N.H. Admin. Rules, Saf-C 212.02 |
| Traffic school | A driver with at least 3 points can have the most recent point total reduced by 3 points, for suspension purposes only, by completing an approved driver improvement course (at least 6 hours) or a driver attitude course within the period for which the points are being assessed. The points remain on the record; the ticket is not dismissed. |
| Paying or looking up a ticket online | For most motor vehicle violations you can plead guilty, nolo contendere or not guilty by mail to the Division of Motor Vehicles within 30 days of the summons. With a guilty or nolo plea, return the summons with the fine and penalty assessment to the DMV director (credit cards may be accepted). With a not guilty plea, the DMV sends the plea to the circuit court, which schedules a trial. If you do not respond within 30 days or do not pay the fine, you are defaulted and your driving privileges are suspended, and an administrative processing fee may be added. Source: RSA 262:44 |
License suspension
| License suspension | Grounds include demerit point accumulation; failing to appear at a scheduled court proceeding or hearing, failing to pay a fine, paying with a bad check, or failing to comply with a court or DMV order (suspension takes effect 30 days after notice); DWI convictions; and administrative license suspension after a test refusal or a test at or above the limit. |
|---|---|
| Checking and reinstating a license | A license suspended for default, noncompliance or nonpayment of a fine is reinstated after you resolve the underlying matter and pay the DMV director a $100 fee, which replaces any other reinstatement fee. For suspensions under RSA 263:14, the fee is $50. Source: RSA 263:56-a |
DUI / DWI
| Legal BAC limit | 0.08 for drivers 21 and older; 0.02 for drivers under 21. Source: RSA 265-A:2, I(b) |
|---|---|
| First-offense DUI penalties | A first DWI conviction is a class B misdemeanor with a fine of at least $500. The person must undergo alcohol and drug screening (and evaluation and treatment if indicated), complete an approved impaired driver education program and a victim impact panel, and pay program fees. The license is revoked for at least 9 months and up to 2 years; the court may suspend up to 6 months of the revocation if the person complies with screening, treatment and education (an ignition interlock may be required during the reduced period). The court may later reduce the conviction to a violation on motion after one year. Separately, an administrative suspension of 6 months applies for a first test at or above the limit. |
| When a DUI is a felony | DWI becomes a felony in New Hampshire in two main situations: (1) aggravated DWI that causes a collision resulting in serious bodily injury to the driver or another person is a class B felony; and (2) a 4th or later DWI offense, where the prior convictions fall within 10 years, is a felony. A felony 4th offense also brings indefinite license revocation, and the person cannot petition to reapply for at least 7 years. |
| Refusing a breath test | Refusing a test after arrest leads to an administrative license suspension of 180 days for a first refusal with no prior DWI convictions, or 2 years if the person has a prior DWI conviction or prior refusal. The suspension takes effect 30 days after notice. A new version of RSA 265-A:14, I effective January 1, 2027 raises the first-refusal suspension to 9 months. |
| DUI lookback period | 10 years. Enhanced penalties apply when a person has one or more prior DWI-type convictions within 10 years before the second or later offense. Source: RSA 265-A:18 |
| How long a DUI stays on your record | On the criminal record, a court may not annul a DWI or aggravated DWI conviction until 10 years after the conviction date. Even after annulment, the record is kept in a permanent file that can be opened for sentencing in a later aggravated DWI case. For repeat-offense penalties, prior DWIs count if they fall within 10 years. |
| Sobriety checkpoints | Allowed only with a court order. A New Hampshire law enforcement officer or agency may not set up a sobriety checkpoint unless it first petitions the superior court and the court authorizes it, after finding that the checkpoint is warranted and the proposed method of stopping vehicles meets constitutional requirements. Source: RSA 265:1-a |
Phones and distracted driving
| Phone and texting laws | New Hampshire is hands-free: while driving or temporarily stopped in traffic, a driver may not use a hand-held mobile device for calls, messages, internet, GPS entry or typing. Holding a phone near the ear while moving is presumed to be a call. Exceptions include calling 911 or emergency services and hands-free or vehicle-integrated devices (one hand may be used to activate a function). Fines (until January 1, 2027): $100 for a first offense, $250 for a second and $500 for later offenses within 24 months, plus penalty assessment. Drivers under 18 may not use a phone at all, even hands-free. Effective January 1, 2027, fines rise to $250/$500/$750 (higher if the violation contributes to a crash), and a third offense within 24 months adds a license suspension of up to 30 days. Source: RSA 265:79-c |
|---|
Where to get help in New Hampshire
Traffic Tickets & DUI FAQ
How does the driver point system work in New Hampshire?
New Hampshire uses a demerit point system counted by calendar year (using the violation date). Drivers 21 and older face suspension of up to 3 months for 12 points in one calendar year, up to 6 months for 18 points in 2 consecutive calendar years, and up to 1 year for 24 points in 3 consecutive calendar years. Drivers 18 to under 21: 9, 15 and 21 points. Drivers under 18: 6, 12 and 18 points. If one incident leads to several convictions, points are assessed for only the highest-value offense. Out-of-state convictions are also assessed points.
How many points is a speeding ticket in New Hampshire?
Speeding less than 25 mph over the posted limit is 3 points; speeding 25 mph or more over the posted limit is 4 points.
How long do points stay on your license in New Hampshire?
Suspension thresholds are measured over one, two or three consecutive calendar years, based on the violation date.
Can traffic school remove a ticket or points in New Hampshire?
A driver with at least 3 points can have the most recent point total reduced by 3 points, for suspension purposes only, by completing an approved driver improvement course (at least 6 hours) or a driver attitude course within the period for which the points are being assessed. The points remain on the record; the ticket is not dismissed.
How do I pay or look up a traffic ticket online in New Hampshire?
For most motor vehicle violations you can plead guilty, nolo contendere or not guilty by mail to the Division of Motor Vehicles within 30 days of the summons. With a guilty or nolo plea, return the summons with the fine and penalty assessment to the DMV director (credit cards may be accepted). With a not guilty plea, the DMV sends the plea to the circuit court, which schedules a trial. If you do not respond within 30 days or do not pay the fine, you are defaulted and your driving privileges are suspended, and an administrative processing fee may be added.
How do I check if my license is suspended and get it reinstated in New Hampshire?
A license suspended for default, noncompliance or nonpayment of a fine is reinstated after you resolve the underlying matter and pay the DMV director a $100 fee, which replaces any other reinstatement fee. For suspensions under RSA 263:14, the fee is $50.
What gets your license suspended in New Hampshire?
Grounds include demerit point accumulation; failing to appear at a scheduled court proceeding or hearing, failing to pay a fine, paying with a bad check, or failing to comply with a court or DMV order (suspension takes effect 30 days after notice); DWI convictions; and administrative license suspension after a test refusal or a test at or above the limit.
What is the legal blood alcohol limit in New Hampshire?
0.08 for drivers 21 and older; 0.02 for drivers under 21.
What is the penalty for a first DUI in New Hampshire?
A first DWI conviction is a class B misdemeanor with a fine of at least $500. The person must undergo alcohol and drug screening (and evaluation and treatment if indicated), complete an approved impaired driver education program and a victim impact panel, and pay program fees. The license is revoked for at least 9 months and up to 2 years; the court may suspend up to 6 months of the revocation if the person complies with screening, treatment and education (an ignition interlock may be required during the reduced period). The court may later reduce the conviction to a violation on motion after one year. Separately, an administrative suspension of 6 months applies for a first test at or above the limit.
What happens if you refuse a breathalyzer in New Hampshire?
Refusing a test after arrest leads to an administrative license suspension of 180 days for a first refusal with no prior DWI convictions, or 2 years if the person has a prior DWI conviction or prior refusal. The suspension takes effect 30 days after notice.
How long does a DUI count as a prior offense in New Hampshire?
10 years. Enhanced penalties apply when a person has one or more prior DWI-type convictions within 10 years before the second or later offense.
Is it illegal to hold your phone while driving in New Hampshire?
New Hampshire is hands-free: while driving or temporarily stopped in traffic, a driver may not use a hand-held mobile device for calls, messages, internet, GPS entry or typing. Holding a phone near the ear while moving is presumed to be a call. Exceptions include calling 911 or emergency services and hands-free or vehicle-integrated devices (one hand may be used to activate a function). Fines (until January 1, 2027): $100 for a first offense, $250 for a second and $500 for later offenses within 24 months, plus penalty assessment. Drivers under 18 may not use a phone at all, even hands-free.
Is a DUI a felony in New Hampshire?
DWI becomes a felony in New Hampshire in two main situations: (1) aggravated DWI that causes a collision resulting in serious bodily injury to the driver or another person is a class B felony; and (2) a 4th or later DWI offense, where the prior convictions fall within 10 years, is a felony. A felony 4th offense also brings indefinite license revocation, and the person cannot petition to reapply for at least 7 years.
How long does a DUI stay on your record in New Hampshire?
On the criminal record, a court may not annul a DWI or aggravated DWI conviction until 10 years after the conviction date. Even after annulment, the record is kept in a permanent file that can be opened for sentencing in a later aggravated DWI case. For repeat-offense penalties, prior DWIs count if they fall within 10 years.
Are DUI checkpoints legal in New Hampshire?
Allowed only with a court order. A New Hampshire law enforcement officer or agency may not set up a sobriety checkpoint unless it first petitions the superior court and the court authorizes it, after finding that the checkpoint is warranted and the proposed method of stopping vehicles meets constitutional requirements.
Traffic Tickets & DUI in other states
More New Hampshire law
- New Hampshire tenant rights & landlord-tenant law
- New Hampshire small claims court
- New Hampshire wills, probate & estates
- New Hampshire protective & restraining orders
- New Hampshire employment law
- New Hampshire debt & collections
- New Hampshire unemployment benefits
- New Hampshire divorce & family law
- New Hampshire expungement & criminal records
- New Hampshire personal injury & wrongful death
- New Hampshire workers' compensation
- New Hampshire foreclosure & homeowner law
- New Hampshire consumer protection
- New Hampshire starting an llc & small business
- New Hampshire bankruptcy
- New Hampshire car insurance & vehicle laws
- New Hampshire property tax & homestead exemptions
- New Hampshire criminal law
- New Hampshire gun laws
- Find a lawyer or free legal help in New Hampshire
- All New Hampshire law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.