New Hampshire DUI Penalties

In New Hampshire, a DWI conviction can carry some very harsh penalties. Depending on the facts of the case and the specific charge prosecuted, the penalties imposed could involve heavy fines, costly and time-consuming treatment plans, lengthy loss of license, and even jail time.

The following tables generally describe the penalties associated with each classification of DWI in New Hampshire:

DWI First Offense (Driver Under 21)

ClassificationClass B Misdemeanor
Potential Jail TimeNone
FineMinimum: $500.00
Court Order Loss of LicenseMinimum: 1 year maximum: 2 years (mandatory if passenger under age of 16 present)
Administrative License SuspensionMinimum: 6 Months
Minimum Required TreatmentIDCMP Substance Abuse Screening to be completed within 14 days of sentencing.-Negative screening → 20 hours impaired driver education program (IDEP) or an accelerated weekend program (WIDEP).-Positive screening → substance use disorder evaluation to be completed within 30 days of sentencing. Substance Use Disorder Evaluation-Negative evaluation → IDEP or WIDEP.

-Positive evaluation → compliance with the service plan provided from the substance use evaluation, in addition to IDEP or WIDEP.

*ALL TREATMENT BILLED TO INDIVIDUAL

Ignition Interlock RequirementWithin the court’s discretion.
Insurance RequirementsSR-22 form required prior to reinstatement.

DWI First Offense (Driver Over 21)

ClassificationClass B Misdemeanor
Potential Jail TimeNone
FineMinimum: $500.00
Court Order Loss of LicenseMinimum: 9 months (can be reduced to 90 days)Maximum: 2 years
Administrative License SuspensionMinimum: 6 months
Minimum Required TreatmentIDCMP Substance Abuse Screening to be completed within 14 days of sentencing.-Negative screening → 20 hours impaired driver education program (IDEP) or an accelerated weekend program (WIDEP).-Positive screening → substance use disorder evaluation to be completed within 30 days of sentencing. Substance Use Disorder Evaluation-Negative evaluation → IDEP or WIDEP.

-Positive evaluation → compliance with the service plan provided from the substance use evaluation, in addition to IDEP or WIDEP.

*ALL TREATMENT BILLED TO INDIVIDUAL

Ignition Interlock RequirementNot typical but can be ordered by Judge
Insurance RequirementsSR-22 form required prior to reinstatement.

DWI Second Offense

ClassificationClass A Misdemeanor
Potential Jail TimePrior Offense within two years:Minimum: 60 days, of which 30 could be suspended prior Offense, not within two years:Minimum: 22 days, of which 12 could be suspendedMaximum for both: 1 year
FineMinimum: $750.00
Court Order Loss of License3 years
Administrative License SuspensionTypically 2 years or more
Minimum Required TreatmentReferral to an Impaired Driver Care Management Program (IDCMP) to schedule a full substance use disorder evaluation and develop a service plan. Any portion of the suspended jail sentence may be imposed for non-compliance with all treatment requirements.*ALL TREATMENT BILLED TO INDIVIDUAL
Ignition Interlock RequirementMinimum: 1 year
Insurance RequirementsProof of an SR-22 prior to reinstatement.

DWI Third Offense

ClassificationClass A Misdemeanor
Potential Jail TimeMinimum: 6 months, of which 150 days could be suspended
FineMinimum: $750.00
Court Order Loss of LicenseIndefinite. Can petition for reinstatement of license in 5 years in the majority of cases.
Administrative License Suspension2 years
Minimum Required Treatment28-day residential treatment program (or another intensive treatment program approved by NH Dept. of Health and Human Services)*ALL TREATMENT BILLED TO INDIVIDUAL
Ignition Interlock RequirementMinimum: 1 year
Insurance RequirementsProof of an SR-22 prior to reinstatement.

DWI Forth or Subsequent Offense

ClassificationClass B Felony
Potential Jail TimeMinimum: 6 months, of which 5 months could be suspended
FineMinimum: $750.00
Court Order Loss of LicenseIndefinite. Can petition for reinstatement of license in 5 years in the majority of cases.
Administrative License Suspension2 years
Minimum Required Treatment28-day residential treatment program (or another intensive treatment program approved by NH Dept. of Health and Human Services)*ALL TREATMENT BILLED TO INDIVIDUAL
Ignition Interlock RequirementMinimum: 1 year
Insurance RequirementsProof of an SR-22 prior to reinstatement.

Aggravated DWI- Misdemeanor

ClassificationClass A Misdemeanor
Potential Jail TimeMinimum: 22 days, of which 12 days could be suspended
FineMinimum: $750.00
Court Order Loss of LicenseMinimum: 18 Months
Administrative License SuspensionMinimum: 6 Months
Minimum Required TreatmentReferral to an Impaired Driver Care Management Program (IDCMP) and a full substance use disorder evaluation. Service plan requirements will be set based upon results of the evaluation. Failure to follow plan can result in 14 days in jail for contempt.*ALL TREATMENT BILLED TO INDIVIDUAL
Ignition Interlock RequirementMinimum: 1 year
Insurance RequirementsProof of an SR-22 prior to reinstatement.

Aggravated DWI Felony

ClassificationClass B Felony
Potential Jail Time3 ½- 7 years in prison
FineMinimum: $1,000.00
Court Order Loss of LicenseMinimum: 18 Months
Administrative License SuspensionMinimum: 6 Months
Minimum Required Treatment7-day Multiple Offender Program (MOP), which must immediately follow any jail sentence.*ALL TREATMENT BILLED TO INDIVIDUAL
Ignition Interlock RequirementMinimum: 1 year
Insurance RequirementsProof of an SR-22 prior to reinstatement.

In addition to these penalties, a DWI conviction can damage your job opportunities, place demerit points on your license, and affect your ability to visit other countries such as Canada. If you have been charged with a DWI or DUI, our NH DWI lawyers will aggressively defend you.  Contact our Concord DUI attorneys at Douglas, Leonard & Garvey P.C. for a free consultation at (603) 288-1403 or fill out our online evaluation form.

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