In New Hampshire, “DUI” and “DWI” refer to the same offense. The legal charge is Driving While Intoxicated (DWI), even though people often use DUI casually. The state lumps both types of impaired driving as Driving While Intoxicated (DWI); the difference between DUI and DWI is just how people casually refer to the charges.
There are four degrees of DWI charges in New Hampshire, but the consequences of even a misdemeanor DWI conviction can have lasting impacts on your life, even if you avoid jail time. Speaking with a New Hampshire DWI lawyer early can help you understand your options and protect your rights.
What are the different types of DWI charges in New Hampshire?
Someone can be charged with driving while intoxicated if there are drugs in their system (or if the officer determines that they exhibit signs of intoxication) or if their blood alcohol content (BAC) is higher than 0.08%, the legal threshold to be considered driving under the influence of alcohol.
(It’s important to note that the legal limit for commercial drivers is lower, just 0.04%)
Charges of driving while intoxicated (DWI), known as driving under the influence in other states, may either be a felony or misdemeanor, depending on your BAC, whether you’ve had a DWI before, and whether you caused an accident or injury.
- First Offense DWI (Class B Misdemeanor): BAC over 0.08% or any degree of impairment. Penalties include a 9-month to 2-year license suspension, fines of $500-$1,200, and participation in an impaired driver program.
- Aggravated DWI (Class A Misdemeanor): Aggravated DWI applies when certain aggravating factors are present, such as a BAC of 0.16% or higher, driving 30 mph or more over the speed limit, attempting to elude police, or transporting a passenger under 16.
- Second or Subsequent Offense (Class A Misdemeanor/Felony): A second DWI within 10 years is automatically a Class A Misdemeanor (even with a BAC under 0.08%). A third DWI within 10 years is a Class B Felony. Penalties for subsequent DWIs include a minimum fine of $750, a 3-year license suspension, and mandatory jail time.
- Felony Aggravated DWI (Felony): A DWI that results in serious bodily injury to another person can be charged as a felony.
What are the long-term consequences of a DWI conviction?
Many people who are convicted of a DWI are dismayed to learn that even after they serve their jail sentence, pay their fines, and complete an impaired driver program, the consequences of their mistake still reverberate.
Collateral consequences affect your life for years to come. Someone convicted of a DWI must carry an SR-22 insurance policy and may be required to have an Ignition Interlock Device (IID) installed in their vehicle. If your insurer doesn’t cancel your automobile policy, expect your rates to significantly increase.
Any travel plans could be impacted; many car rental agencies may not rent to people with a recent DWI. And, you may be barred from entering Canada.
Your employability is at risk. Commercial drivers may lose their license, often permanently. If you’re job-hunting, the DWI may show up on a pre-employment background check, and you may not be hired. And, you could suffer a loss of reputation in your community or among your peers.
When should you speak with a New Hampshire DWI lawyer?
If you’ve been charged with DWI, it’s important to understand how New Hampshire law applies to your situation. The penalties can vary, and an attorney can review the facts of your case and help you make informed decisions about how to move forward. Shaheen & Gordon represents those facing DWI charges throughout New Hampshire. Call (800) 451-1002 to schedule a confidential consultation.
