BAC limits, under 21 rules and DUI penalties

Key points

1. A driver is legally intoxicated at a BAC of .08% or higher, or .02% or higher if under 21.

   Source: Handbook p. 6

   “It is considered legally intoxicated if a driver's blood alcohol concentration is .08% or higher, .02% or higher if the driver is under 21 years old.”
   New Hampshire Driver's Manual, Handbook p. 6

2. It is illegal for a driver under 21 to have physical control of a vehicle while impaired or with an alcohol concentration of 0.02 or more.

   Source: Handbook p. 8

   “It is illegal for an operator under 21 years of age to have physical control of a vehicle while under the influence of intoxicating liquor or 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 while having an alcohol concentration 0.02 or more.”
   New Hampshire Driver's Manual, Handbook p. 8

3. A driver under 21 may not transport alcohol unless with a parent, legal guardian or legal age spouse.

   Source: Handbook p. 8

   “no driver under the age of 21 shall, except when accompanied by a parent, legal guardian or legal age spouse transport any liquor or alcoholic beverage in any part of a vehicle.”
   New Hampshire Driver's Manual, Handbook p. 8

4. A first DUI conviction is a Class B misdemeanor with a fine of at least $500.

   Source: Handbook p. 9

   “shall be guilty of a Class B misdemeanor, fined not less than $500,”
   New Hampshire Driver's Manual, Handbook p. 9

5. A first DUI can also cost you your license for 9 months to 2 years and requires an impaired driver education program.

   Source: Handbook p. 9

   “may face a loss of driving privileges for a period of 9 months to 2 years, and will be required to attend an approved impaired driver education program”
   New Hampshire Driver's Manual, Handbook p. 9

6. Second and later convictions bring higher fines, longer suspensions and stronger penalties.

   Source: Handbook p. 9

   “Second and subsequent convictions subject the offender to higher fines, longer suspension times, and stronger penalties.”
   New Hampshire Driver's Manual, Handbook p. 9

Numbers to know

3 questions from the New Hampshire practice test

1. 1. What is the lowest BAC threshold for New Hampshire's under-21 alcohol driving rule?

   1. .08% or higher
   2. .05% or higher
   3. .04% or higher
   4. .02% or higher
   Show answer

   .02% or higher. New Hampshire applies a BAC threshold of .02% or higher to drivers under 21. The general adult threshold is .08%, so that number does not answer a question about a young driver. The .04% and .05% choices do not match the youth rule either; the law sets .08% for adults and .02% for drivers under 21. Alcohol can impair driving below a legal threshold, so do not drink before driving.

2. 2. What is the minimum fine for a first offense DUI conviction in New Hampshire?

   1. $250
   2. $500
   3. $100
   4. $1,000
   Show answer

   $500. A first conviction for driving under the influence of drugs or liquor, or driving with excess alcohol concentration, is a Class B misdemeanor with a fine of not less than $500. The driver may also lose driving privileges for 9 months to 2 years and must complete an approved impaired driver education program before privileges are restored. Second and subsequent convictions bring higher fines, longer suspensions, and stronger penalties, and a DUI conviction also requires SR-22 proof of insurance for reinstatement.

3. 3. For how long may a first offense DUI conviction cost a New Hampshire driver their driving privileges?

   1. 30 to 90 days
   2. 5 years
   3. Exactly 1 year
   4. 9 months to 2 years
   Show answer

   9 months to 2 years. The manual says a driver convicted of a first offense DUI may lose driving privileges for a period of 9 months to 2 years and will be required to attend an approved impaired driver education program. Thirty to ninety days is far shorter than that range, the loss is a range rather than a fixed single year, and five years is not the first offense figure. DUI is also one of the convictions that require SR-22 proof of insurance before driving and registration privileges are reinstated.

Source: the New Hampshire Driver's Manual, Section 2: Driver's License and Non-Driver ID Information. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.