In New Hampshire, being arrested for driving under the influence (DUI) or driving while intoxicated (DWI) can have long-lasting consequences. While DUI is the term many people use (and Mainers tend to use OUI), it’s important to note that in New Hampshire, the correct legal term is DWI. DWI, DUI, and OUI all refer to the offense of operating a motor vehicle under the influence of alcohol or drugs, which can significantly impact your life for years to come.
One of the most common questions people ask after a DUI charge is: How long is a DUI on your record? New Hampshire has a ten (10) year look back, which means that any DUI will remain on your record for ten years and enhance the potential penalties associated with any future DWI charge. However, a First Offense conviction for DWI may be reduced to a non-criminal-level offense one year after the date of conviction. Whether you’re dealing with a first offense or facing something even higher stakes, New Hampshire DWI lawyer can help you navigate your options.
How long does a DUI stay on your criminal record in New Hampshire?
If you are convicted of DUI (or DWI, as it’s formally known in New Hampshire), the offense will remain on your criminal record indefinitely. However, a conviction for a standard first offense DWI/DUI may be reduced to a non-criminal violation after one year from the conviction date. New Hampshire does not have an automatic process that removes the conviction from your record over time. Even after you’ve served any necessary jail time, paid fines, and completed any required programs, the conviction will stay on your criminal record unless you successfully petition for annulment, an option that only becomes available to you ten years after a conviction.
This means that your DUI charge could show up on background checks conducted by employers, landlords, or other organizations—potentially affecting your opportunities for housing, employment, and more.
Can a DUI be annulled in New Hampshire?
Yes, in some cases, you can request an annulment of a DUI/DWI conviction in New Hampshire. The time you must wait before applying depends on the nature of the offense.
For a first-time DWI, you may be eligible for annulment ten (10) years after the conviction date. For more serious offenses or repeat violations, the waiting period can be longer.
Even if annulled, some law enforcement agencies may still have access to the record for investigative purposes.
How long does a DUI stay on your driving record?
In addition to the criminal record, a DUI/DWI impacts your driving record, which is maintained by the Department of Motor Vehicles (DMV). In New Hampshire, a DWI will stay on your driving record for ten years. This can result in:
- License suspension or revocation
- Increased insurance rates
- Potential impact on commercial drivers who rely on a clean record for employment
For many, the effect on insurance rates is one of the most noticeable consequences. A DUI/DWI conviction can cause your premiums to skyrocket, and insurers may label you as a high-risk driver for years. In addition, restoration of your privilege to drive following a conviction for DUI/DWI in New Hampshire requires that you secure and submit an SR-22 to the Office of Financial Responsibility. An SR-22 is proof of a separate insurance policy on your privilege to drive, itself.
How does a DUI affect your driver’s license?
A DWI conviction in New Hampshire typically results in license suspension. The length of the suspension depends on several factors, including:
- Whether it’s a first-time or repeat offense
- Blood Alcohol Content (BAC) level at the time of arrest
- Whether the driver refused a breathalyzer test
For example, a first-time DWI could lead to a court-imposed license suspension of nine months to two years, though this may be reduced under certain conditions. Second offense DUI/DWI convictions require a three-year court-imposed suspension of your privilege to drive. Third offense convictions require an indefinite suspension.
In addition, most DWI/DUI cases involve an Administrative License Suspension (ALS) issued through the New Hampshire Department of Safety based on a violation of the State’s Implied Consent Statute, which arises because you either refused to submit to breath or blood testing or submitted to a test with an alcohol concentration over a 0.08. The Administrative License Suspension is six months for a first offense and two years for a subsequent offense.
For commercial drivers, the stakes are even higher. A DWI can result in the loss of a commercial driver’s license (CDL), which could mean losing your job. A first offense typically results in a one year CDL suspension, but any subsequent offense within a lifetime typically results in a lifetime CDL suspension.
What should you do if you’re facing a DUI/DWI in New Hampshire?
If you’ve been charged with DUI in New Hampshire, it’s essential to seek help from an experienced criminal defense attorney. The legal process can be complex, and the consequences can affect you for years—both personally and professionally.
A skilled lawyer can help you navigate the court process, challenge the legality of the stop or arrest, and explore options to minimize penalties or pursue annulment later.
At Shaheen & Gordon, our criminal defense team has extensive experience handling DWI and DUI cases across New Hampshire.
Contact Shaheen & Gordon for DUI defense in New Hampshire
If you or someone you know is facing a DWI or DUI charge in New Hampshire, don’t wait to get the help you need. The consequences can be life-changing—but the right legal team can make a difference.
Call Shaheen & Gordon at (800) 451-1002 or contact us online today for a free consultation with our knowledgeable defense attorneys.
