This guide is for general information only and is not legal advice. Laws change — verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.
The rule
In New Hampshire, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. New Hampshire's DWI statute (RSA 265-A:2) applies to anyone who 'drives or attempts to drive a vehicle upon any way' while under the influence. In practice the New Hampshire courts read the statute as reaching motor vehicles and OHRVs, and cyclists are not charged with DWI; the parallel boating-while-intoxicated and OHRV-while-intoxicated statutes are codified separately. Public-intoxication and disorderly-conduct charges remain available. See RSA 265-A:2 (Driving or operating under the influence).
A DUI charge isn't on the table for cyclists in New Hampshire, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.