New Hampshire DUI Penalties

Retain a New Hampshire DWI Lawyer

The penalties that you face for a DWI in New Hampshire depend on the number of previous offenses you have on your record as well as the circumstances surrounding your case. Prior offenses, high breath or blood results and certain factual circumstances can result in the imposition of jail sentences.

If you have been arrested for driving under the influence of alcohol, it is important to retain the services of a New Hampshire DWI lawyer who can help you defend your case.

DWI or DUI charges carry severe penalties, including long term license losses, high fines, court-imposed substance abuse evaluations and treatment, the assessment of points, exposure to habitual offender consequences and onerous reinstatement obligations. There are additional employment as well as personal consequences that often result from a criminal conviction and a license loss. We can help. Our firm has over 30 attorneys, defends DWI cases throughout New Hampshire, Southern Maine and Northern Massachusetts and aggressively defends its cases.

First Offense
A first-time offense in New Hampshire is a Class B misdemeanor, which is a crime and includes a fine of no less than $500 plus penalty assessment for a total fine of $620. In addition, there is a mandatory license suspension of at least nine months and up to two years. First time offenders must submit to alcohol and drug abuse screening within 14 days of a conviction and, depending on the results of that screening, submit to a further full substance use disorder evaluation within 30 days of conviction. They must also complete the impaired driver education (IDEP) program, which is a 20-hour substance abuse education class as well as any recommended follow up counseling from that class. Six months of the license loss may be reduced based on compliance with and completion of required programming. These court-imposed penalties are in addition to the administrative license loss which is imposed for either refusing a breath, blood or urine test or submitting to one with an alcohol concentration exceeding a 0.08 for drivers over the age of 21 or 0.02 for drivers under the age of 21. With a first offense, there is no jail time required unless there were other aggravating factors.

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Second Offense
If you are arrested for a DUI and this is your second time, you face an administrative license suspension of two years. You also may face a Class A Misdemeanor charge for DWI Subsequent offense. There are required jail sentences for subsequent offense convictions. For a second conviction within two years of a prior DWI conviction, there is a 60-day jail sentence, but 30 days of this may be suspended based on a full substance abuse evaluation and then compliance with any treatment recommendations. For a second offense occurring within 10 years of a prior DUI conviction, there is a minimum mandatory 17-day jail sentence, but 12 days of this sentence may be suspended based upon a full substance abuse evaluation and then compliance with any treatment recommendations. In addition to these harsh required jail sentences, there is a 3-year court imposed license loss, fine of $750 plus penalty assessment for a total fine of $930, and required installation of an ignition interlock device upon reinstatement of driving privileges.

Third Offense
Third and subsequent offenses continue to increase in severity. A third offense carries an indefinite license loss as well as a mandatory jail sentence of 180 days. However, 150 days of this sentence may be suspended based upon a timely substance use disorder evaluation and completion of any required treatment based on that evaluation. After 5 years, a person may petition the court and then the Department of Safety for reinstatement of driving privileges. In addition to these court-imposed penalties, there is also an administrative license loss of two years. It is important to take charge of your situation and retain the services of a New Hampshire DWI lawyer from our firm.