Categories of Drivers

There are a few categories of drivers where DWI may affect them differently


Alcohol affects women differently than men. Generally, women will have a higher blood alcohol level after drinking the same amount as a male, even if they weigh the same. Also, body temperature affects not only alcohol levels, but how the breath machine interprets alcohol. Women who are in their pre-menstrual cycle will usually have a higher body temperature, which could give a falsely high reading on a breath test machine.

Under 20

All drivers under 20 who commit a traffic violation face a loss of license.

Under 21

For any driver under 21 at the time they are charged with DWI, their loss of license will be higher. The minimum license loss is 1 year, and can be as high as 2 years for a first offense.

Further, the legal blood alcohol level for the per se law is .02 for people under 21. If you provide a breath sample higher than that, you will lose your license for 6 months, unless you are successful at an administrative license suspension hearing.

Commercial Driver License (CDL)

Any driver who operates a commercial vehicle when charged with DUI will face additional penalties. You are subject to losing your commercial driving license for at least 1 year.

Further, the legal limit / per se law, for drivers of a commercial vehicle is .04.

See NH RSA 265-A:23 for more details. or CDL Driver Information.

Drivers with a Massachusetts (or other out of state) license

If you have a Massachusetts license, you not only have to worry about what New Hampshire will do to your driving privledge, but what will Massachusetts do to your license? While the penalties could be similar, Massachusetts has an infinite look-back period and often more harsh penalties due to Megan's Law. Attorney Hynes is Admitted to practice law in Massachusetts, and can tell you exactly what to expect to happen with your Massachusetts license as a result of DWI consequences in New Hampshire.

Medical Problems

People with medical problems, particularly leg and back problems, have difficulty performing field sobriety tests. It is important to learn about all of your medical issues to show if you "failed" field sobriety tests, it could be due to medicial limitations, and not alcohol.


If you have GERD, and took a breath test, there may be a good chance your BAC results are higher than they should be/ what your BAC actually was. Attorney Hynes consults with expert witnesses, to help you have the best defense possible.