Sobriety Checkpoints

RSA 265:1-a — only on a superior court's order

No law enforcement officer or agency may set up or run a sobriety checkpoint to enforce the criminal laws unless it petitions the superior court and the court issues an order authorizing it.

RSA 265:1-a

Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.

The court authorizes one after finding that the checkpoint is warranted and that the way vehicles will be stopped satisfies constitutional guarantees.

RSA 265:1-a

Sources for this section (1)

RSA 265:1-a — Sobriety Checkpoints

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.

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Pages on the same subject or the same statutes, or filed beside this one. Most questions turn out to sit across two of them.

The DWI StopRSA 265-A:2 — 0.08, or 0.02 under 21, and a 180 day suspension for refusing a test
DWI PenaltiesRSA 265-A:18 — a first offense is a class B misdemeanor, a $500 minimum fine and at least 9 months without a license
Aggravated DWIRSA 265-A:3 — 0.16 or more, 30 over the limit, a passenger under 16, or a crash with serious injury
Under 21 and DrivingRSA 265-A:2 — 0.02 for a driver under 21, and no alcohol or marijuana in the car without a family member