We have compiled a snapshot of DWI/DUI laws for you on this site. This is provided for general information purposes only. We invite you to contact us for a free consultation so we can explain New Hampshire DUI laws to you in the context of your case.
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NH DWI — Offenses & Penalties
Administrative Suspension
When you are arrested for driving while intoxicated (DWI) in New Hampshire, you likely will face penalties from both the criminal court and the Department of Motor Vehicles (DMV). While the criminal court can sentence you to jail time, fines, and alcohol education courses, the DMV has the power to take your license away—even before you are found guilty of drunk driving! This suspension is automatic unless contested and goes into effect 30 days from your arrest. In order to avoid an automatic administrative license suspension, you should contact one of our experienced DWI defense attorneys to request a hearing at the DMV.
You have only 30 days to request a hearing with the DMV or else you waive your right to it forever. If you don’t act quickly, your license can be suspended for 180 days if this is your first DWI or breathalyzer refusal and 2 years if it is a subsequent offense.
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Time is critical — request your DMV hearing before your 30-day window closes.
☎ Call Now: 603-669-1738New Hampshire DWI First Offense
In New Hampshire, a driving while intoxicated (DWI) first offense is classified as a Class B Misdemeanor. As a result of the conviction, you could be sentenced to severe penalties, which include protracted license loss, expensive court fines, alcohol and drug dependency evaluations, alcohol education classes, and in some circumstances, incarceration.
While you may not be ordered to serve mandatory jail time if you are convicted of a DWI first offense, the judge could order you to pay a fine of at least $500 (plus a 20% surcharge) and successfully complete an Impaired Driver Intervention Program (IDIP). In addition, your license may be suspended for between three months to two years.
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Second Offense DWI
You can be charged with a second offense driving while intoxicated (DWI) in New Hampshire if your prior conviction was within ten years of the current offense date. A second offense DWI in New Hampshire is classified as a Class A Misdemeanor. If you are convicted, there is mandatory jail time. For a second offense within two years, the mandatory jail time is 30 days and up to one year in jail.
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Aggravated DWI
There are many reasons why a New Hampshire driving while intoxicated (DWI) offense may be upgraded to an aggravated DWI charge. An aggravated DWI not only includes a longer license suspension period—it also carries mandatory jail time. Factors include: BAC of .16% or higher, driving 30+ mph over the speed limit, attempting to elude police, transporting a passenger under 16, or causing an accident resulting in serious personal injury.
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Under Age Drivers charged with DWI
While the legal blood alcohol content (BAC) for drivers over 21 is .08%, it is much lower for underage drivers. In fact, a driver under 21 can be charged with driving while intoxicated (DWI) for having a BAC as low as .02%.
QUICK REFERENCE DWI PENALTIES CHART
FIRST OFFENSE DWI — CLASS B MISDEMEANOR
Fines: $500 – $1,200 + 24% penalty assessment fee
License Suspension: 9 months to 2 Years; 6 months may be suspended if appropriate program completed within 30 days
Other: IDCMP alcohol and drug abuse screening within 14 days. Potential Interlock device installation.
SECOND OFFENSE DWI WITHIN 2 YEARS — CLASS A MISDEMEANOR
Fines: $750–$2,000
Jail: Minimum 60 days with 30 days suspended
License Suspension: Minimum of 3 years
SECOND OFFENSE DWI WITHIN 2–10 YEARS — CLASS A MISDEMEANOR
Fines: $750–$2000 plus 24% penalty assessment fee
Jail: Minimum 17 days; 5 mandatory, 12 suspendable
License Suspension: Minimum of 3 years
THIRD OFFENSE DWI — CLASS A MISDEMEANOR
Fines: $750–$2000 plus 24% penalty assessment fee
Jail: Minimum 180 days; 150 suspendable
License Suspension: Minimum of 5 years
FOURTH OFFENSE DWI — FELONY
License Suspension: Indefinite, but can apply after 7 years
AGGRAVATED DWI — CLASS A MISDEMEANOR
Fines: $750–$2000 plus 24% penalty assessment fee
Jail: Minimum 17 days; 5 mandatory, 12 suspendable
License Suspension: 18 months to 2 years
Other: Must install interlock device
AGGRAVATED DWI CAUSING SERIOUS BODILY INJURY — CLASS B FELONY
Fines: $1,000
Jail: Minimum 35 days with 21 days suspended
License Suspension: 18 months to 2 years
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