Criminal Defense Law in New Hampshire: Overview
New Hampshire takes a relatively libertarian approach to many aspects of criminal law, consistent with its "Live Free or Die" motto. The state uses the term DWI (Driving While Intoxicated) and has a ten-year lookback period for repeat offenses. New Hampshire has not legalized recreational marijuana, though possession of small amounts has been decriminalized. The state does not have a statutory stand your ground law but case law supports the principle that a person need not retreat before using deadly force in appropriate circumstances. New Hampshire abolished the death penalty in 2019 through a legislative veto override, becoming the last New England state to do so. The state uses the term "annulment" rather than expungement for sealing criminal records and has been expanding eligibility. New Hampshire classifies felonies into Class A and Class B categories, with misdemeanors similarly divided.
Key Statutes & Deadlines
DWI First Offense (Class B Misdemeanor)
$500-$1,200 fine, 9-month to 2-year license loss, no mandatory jail
N.H. Rev. Stat. § 265-A:18
Marijuana Decriminalization
Up to 3/4 oz: civil violation, $100 fine first offense; up to $300 subsequent
N.H. Rev. Stat. § 318-B:2-c
Felony Classification
Class A: 7.5-15 years; Class B: 3.5-7 years
N.H. Rev. Stat. § 651:2
Physical Force in Self-Defense
Deadly force permitted without duty to retreat if person reasonably believes it necessary
N.H. Rev. Stat. § 627:4
Death Penalty Abolition
Abolished in 2019; maximum sentence is life without parole
N.H. Rev. Stat. § 630:1-a (repealed)
DWI Laws and Penalties
New Hampshire uses a ten-year lookback for DWI offenses. A first DWI is a Class B misdemeanor carrying a $500-$1,200 fine and a license loss of 9 months to 2 years, with no mandatory jail time. The court typically requires completion of an Impaired Driver Care Management Program (IDCMP). A second DWI within ten years is a Class A misdemeanor carrying a mandatory minimum 5 days in jail, a $750-$2,000 fine, and a 3-year license revocation. A third DWI within ten years is also a Class A misdemeanor carrying a mandatory minimum 30 days in jail (180 days if within 10 years of a second conviction). A fourth DWI is a Class B felony carrying 3.5-7 years in prison and a permanent license revocation. Aggravated DWI (BAC of 0.16% or higher, excessive speed, or a passenger under 16) enhances penalties at every level. New Hampshire's legal BAC limit is 0.08% for adults and 0.02% for drivers under 21.
Self-Defense Law
New Hampshire's self-defense statute (N.H. Rev. Stat. § 627:4) permits the use of deadly force when a person reasonably believes it is necessary to protect themselves or another against death, serious bodily injury, kidnapping, or forcible sexual assault. The 2011 amendment to the statute (SB 88) codified the stand your ground principle by providing that a person "is not obligated to retreat from any place where he or she has a right to be" before using deadly force in self-defense. This applies in all locations, not just the home. The castle doctrine is also recognized, providing that a person in their dwelling has no duty to retreat and may use deadly force against someone unlawfully entering or attempting to enter the dwelling. New Hampshire law further provides immunity from civil liability for justified uses of force.
Marijuana Decriminalization and Ongoing Legalization Debate
New Hampshire decriminalized possession of small amounts of marijuana in 2017 (HB 640). Possession of 3/4 of an ounce or less is a civil violation carrying a $100 fine for a first offense, $200 for a second, and $300 for a third offense within three years. A fourth offense within three years is a Class B misdemeanor. Possession of more than 3/4 of an ounce remains a criminal offense. Despite being surrounded by states that have legalized recreational marijuana (Maine, Massachusetts, Vermont), New Hampshire has not done so. Multiple legalization bills have passed the House but stalled in the Senate or been vetoed. New Hampshire does not have a medical marijuana program in the traditional sense but has a therapeutic cannabis program for qualifying patients, administered through Alternative Treatment Centers.
New Hampshire Court System
New Hampshire has a unified court system. The Circuit Court Division, which includes District Courts, Family Courts, and Probate Courts, handles all misdemeanors, violations, and preliminary felony proceedings. The Superior Court has exclusive jurisdiction over all felony trials and serves as the trial court of general jurisdiction. New Hampshire has 10 counties, each with a Superior Court. The New Hampshire Supreme Court is the only appellate court and hears all criminal appeals directly; there is no intermediate court of appeals. Jury trials are available for all criminal cases except violations. Grand jury indictment is required for felony prosecution unless the defendant waives the right.
Damages & Penalties
New Hampshire classifies felonies as Class A (7.5-15 years in prison and up to $4,000 fine) and Class B (3.5-7 years and up to $4,000 fine). Murder is classified separately: first-degree murder carries life without parole, and second-degree murder carries a maximum of life in prison with the possibility of parole. Misdemeanors are classified as Class A (up to 1 year in jail and $2,000 fine) and Class B (fine only, up to $1,200). Violations are punishable by fine only. New Hampshire does not have formal sentencing guidelines but does have mandatory minimum sentences for certain offenses including second and subsequent DWI offenses, certain drug trafficking offenses, and crimes involving firearms. Extended terms of imprisonment are available for repeat violent offenders.
Recent Legislative Changes
New Hampshire abolished the death penalty in 2019 when the legislature voted to override the governor's veto of HB 455, making it the last New England state to eliminate capital punishment. The abolition was not retroactive, but the only person on death row had his sentence converted to life without parole. New Hampshire expanded its therapeutic cannabis program in recent years and has continued to debate full recreational legalization. The state has expanded annulment eligibility and reduced waiting periods for certain offenses. New Hampshire has also invested in drug courts and diversion programs in response to the opioid crisis, which has significantly impacted the state.
Key Takeaways
- New Hampshire uses a ten-year lookback for DWI; a fourth DWI is a Class B felony carrying 3.5-7 years in prison.
- Possession of 3/4 oz or less of marijuana is a civil violation with a $100 fine; recreational marijuana remains illegal.
- New Hampshire has a statutory stand your ground provision with no duty to retreat in any location where a person has a right to be.
- The death penalty was abolished in 2019, making New Hampshire the last New England state to do so.
- Felonies are classified as Class A (7.5-15 years) and Class B (3.5-7 years).
- New Hampshire has no intermediate appellate court; all criminal appeals go directly to the New Hampshire Supreme Court.
- The annulment process allows sealing of criminal records after waiting periods that vary by offense type.
Frequently Asked Questions
What are the DWI penalties in New Hampshire?
A first DWI carries a $500-$1,200 fine and 9-month to 2-year license loss with no mandatory jail. A second within ten years carries a mandatory 5 days in jail and 3-year license revocation. A third carries 30 days mandatory jail. A fourth DWI is a Class B felony with 3.5-7 years in prison and permanent license revocation. Aggravated DWI (BAC 0.16%+) enhances penalties at every level.
Is marijuana legal in New Hampshire?
Recreational marijuana is not legal in New Hampshire. However, possession of 3/4 of an ounce or less has been decriminalized since 2017 and is treated as a civil violation with a $100-$300 fine. There is no medical marijuana program per se, but New Hampshire has a therapeutic cannabis program for patients with qualifying conditions. Multiple legalization bills have failed in the legislature.
Is New Hampshire a stand your ground state?
Yes. Under N.H. Rev. Stat. § 627:4, as amended in 2011, a person has no obligation to retreat from any place where they have a right to be before using deadly force in self-defense. This applies when the person reasonably believes deadly force is necessary to prevent death, serious bodily injury, kidnapping, or forcible sexual assault. The castle doctrine provides additional protection within the home.
How does annulment of criminal records work in New Hampshire?
New Hampshire uses "annulment" instead of expungement. Under N.H. Rev. Stat. § 651:5, you can petition to annul a conviction after completing your sentence and a waiting period. For violations and Class B misdemeanors, the wait is 1 year; for Class A misdemeanors, 3 years; for Class B felonies, 5 years; and for Class A felonies, 10 years. If granted, the record is sealed from public view. Certain violent and sexual offenses are not eligible.
Does New Hampshire have the death penalty?
No. New Hampshire abolished the death penalty in 2019 through HB 455, which passed over the governor's veto. The maximum criminal sentence is now life in prison without the possibility of parole for first-degree murder. New Hampshire was the last New England state to abolish capital punishment.
What are the drug penalties in New Hampshire?
Drug penalties vary by substance and amount. Possession of a controlled drug (excluding marijuana under 3/4 oz) is a Class B felony for a first offense, carrying 3.5-7 years in prison. Sale or distribution of Schedule I-IV drugs is a Class B felony. New Hampshire has been particularly aggressive in prosecuting fentanyl distribution due to the opioid crisis. Drug court and diversion programs are available for many first-time offenders.
This guide is provided for general informational purposes only and does not constitute legal advice. New Hampshire laws may change, and the information here may not apply to your specific situation. For advice tailored to your circumstances, consult with a qualified New Hampshire attorney.