When is a person considered legally intoxicated?

In New Hampshire, individuals are considered legally intoxicated when their Blood Alcohol Concentration (BAC) is 0.08 or higher. BAC is the measure of alcohol in a person’s system, and it is determined by test results of a breathalyzer, blood, or urine sample. New Hampshire law assumes that any driver operating a motor vehicle with a BAC of 0.08 or greater is impaired due to their alcohol consumption. Generally, a person’s BAC will rise with each drink they consume, but the rate of intoxication varies by person. Factors such as body weight, gender, and food consumption also influence the speed at which different people become intoxicated. If a person is found to have a BAC of 0.08 or greater, they may be found guilty of Driving While Intoxicated (DWI). This offense is a felony charge in New Hampshire and it carries serious penalties, including license suspension, fines up to $2,000, and even jail time. Additionally, individuals charged with DWI in the state may be required to install an ignition interlock device in their vehicle. This device requires the driver to blow into a breathalyzer before they can start their car, and it prevents the vehicle from operating if alcohol is detected in the driver’s system. To avoid being charged with DWI, New Hampshire state law recommends that drivers abstain from drinking alcohol if they plan to drive.

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