New Hampshire takes DWI/DUI/OUI charges seriously, and even a first offense leads to a court-imposed minimum license suspension of nine months and a maximum suspension of up to two years. Additional administrative penalties may apply if you refuse a breath or blood test or if your BAC exceeds 0.08. But there are ways to fight back—if you act quickly. Convictions for Aggravated or Subsequent offense DWI/DUI/OUI requires a mandatory minimum jail term, enhanced license suspension, ignition interlock, and a higher fine.
At Shaheen & Gordon, P.A., we aggressively defend clients facing DW/DUI/OUI I charges. Our team includes former prosecutors and experienced defense attorneys who understand how the state builds its cases—and how to challenge them. We prepare every case for trial while exploring options to reduce penalties, protect your license, and keep you on the road.
If you’ve been charged with DWI, don’t wait. Contact us today to start building your defense.
Our DWI lawyers will fight to protect you
Defending DWI cases requires an understanding of the complicated state laws in play, the administrative license suspension process, the manner in which the state relies on standard field sobriety testing (SFST) to build its case, and the scientific underpinnings of DWI/DUI/OUI cases. Our work does not end when the case is over in court: We educate our clients regarding issues relating to the reinstatement of their driving privileges thereafter.
Our New Hampshire DWI/DUI/OUI lawyers appear in court week in and week out and in DMV hearings. We understand the severe impact a simple license loss may have on employment matters and family obligations. With this understanding as a backdrop, we work to create opportunities to resolve cases reasonably and, when necessary, stand ready to take cases to trial. We are proud to say we regularly try cases and secure “not guilty” verdicts for our clients.
Why Shaheen & Gordon?
When facing a DWI charge, the lawyer you choose can make all the difference. At Shaheen & Gordon, we bring decades of experience, a deep understanding of New Hampshire’s DWI/DUI/OUI laws, and a results-driven approach to every case. Here’s what sets us apart:
- Proven Defense Strategies: Our attorneys know how prosecutors build DWI/DUI/OUI cases, and we use that knowledge to challenge evidence, question procedures, and fight for the best outcome possible.
- Former Prosecutors on Your Side: With former prosecutors on our team, we anticipate the state’s tactics and craft strong, proactive defenses.
- Personalized Approach: Every case is different. We take the time to understand your situation, explain your options, and tailor a defense strategy to your needs.
- Aggressive Advocacy in Court: Whether negotiating for reduced penalties or taking your case to trial, we fight to protect your rights, your license, and your future.
- Track Record of Success: We have helped countless clients avoid severe penalties, reduce suspensions, and move forward with their lives.
A DWI charge doesn’t have to define your future. With Shaheen & Gordon, you get a legal team that knows the law, knows the courts, and knows how to win.
What our clients have to say
“[We] are both deeply grateful to you [Attorney Joe Cherniske] for representing our son in his recent legal trouble. The result was significantly better than imagined, and we do not minimize the effort and skill that went into such a favorable outcome. You have the ability to make your work appear effortless, yet there was clearly a significant amount being done behind the scenes. I remember saying to you in our initial conversation that we needed a lawyer who could be both compassionate and tough when necessary, and you assured me you could be that person. We found this to be true in our interactions with you.”
“I cannot begin to describe how much stress and anxiety you [Attorney Breda] saved me from knowing that I had someone qualified, in my corner fighting for me. I really appreciate the effort on your end and am so thankful with how things ultimately played out. My thanks to Heather as well!”
DUI & OUI laws in New Hampshire
In New Hampshire, charges for impaired driving are typically referred to as driving while intoxicated (DWI), but other terms are also commonly used to describe this offense. These include “driving under the influence” (DUI) and “operating under the influence” (OUI).
Regardless of what you call the charge, New Hampshire law will generally treat you as presumptively impaired by alcohol if you have a blood alcohol content (BAC) of 0.08% or greater. For drivers under 21, the presumptive impairment level is 0.02 BAC. You may also be considered “intoxicated” if you are under the influence of controlled drugs, prescription drugs, over-the-counter (OTC) drugs, or any other substances that impair your ability to drive.
What to expect after being charged with a DUI
Facing a DWI charge in New Hampshire can feel overwhelming, but knowing what comes next can help you take control of the situation. Your case will involve two separate proceedings: a criminal case in court and a Department of Safety Administrative License Suspension (ALS) hearing. Both processes begin the moment you are arrested.
Your license and the DOS hearing
After your arrest, you will typically receive a temporary 30-day driving permit, which indicates that you either agreed to submit to a breath/blood test with an alcohol result exceeding a 0.08 or refused to take part in such a test. To contest the suspension of your driver’s license, you must request an administrative hearing within those 30 days. If you don’t, your license will be automatically suspended once the permit expires. The Administrative License Suspension is 6 months long for a first offense and 2 years long for a subsequent offense.
Why legal representation matters
You are not required to have an attorney for either the administrative or criminal case—but having experienced legal counsel can make a significant difference. A strong defense could mean reduced penalties, a shorter suspension, or even avoiding a conviction altogether.
Potential penalties
- First Offense:
- License Suspension: 9 months to 2 years, which may be reduced by 6 months for successful and timely completion of the Impaired Driver Management Program (IDCMP)
- Fines: $500 – $1,200 plus Penalty Assessment
- Second Offense:
- License Revocation: 3 years
- Fines: $750 – $2,000 plus Penalty Assessment
- Jail Time: 17 days minimum required sentence of which you must serve 5 days, but the sentence could be up to 1 year at the House of Corrections
- Third Offense:
- License Revocation: Indefinite
- Fines: $750 – $2,000
- Jail Time: 180 days to 1 year, but there is a minimum required jail sentence of 60 days of which you must serve 30 days.
The long-term impacts
A DWI conviction doesn’t just affect your driving privileges—it can have lasting consequences. It will appear on your criminal record, potentially impacting job opportunities, housing applications, and even professional licensing. If incarceration is involved, reintegrating into society can be challenging due to the stigma surrounding criminal convictions.
Fortunately, there are options to minimize the damage. A standard first-offense conviction for DWI may be reduced to a non-criminal violation after one year, something our attorneys frequently achieve for our clients. Our lawyers regularly reach negotiated results of their DWI/DUI/OUI cases, reducing charges down to non-criminal violations or minimizing the length of the license suspension you may face by reaching agreements that avoid the imposition of the Administrative License Suspension or enhancements to the court-imposed license loss.
Take action now to protect your future
A DWI charge in New Hampshire is serious, but it doesn’t have to define your future. The right legal strategy can make all the difference in protecting your license, minimizing penalties, and avoiding long-term consequences. At Shaheen & Gordon, our experienced DWI defense team knows how to challenge the state’s case and fight for the best possible outcome.
Don’t wait—your time to act is limited. Whether you need to request a DMV hearing, prepare for court, or explore defense options, we are ready to guide you every step of the way. Contact us today for a consultation and take the first step toward protecting your rights and your future.
Frequently Asked Questions About New Hampshire DWIs
What is the penalty for refusing a chemical test?
If this is your first offense and you have no prior DWI convictions on your record, then you will face driver’s license revocation for 180 days for refusing a chemical test. This penalty may be increased to two years if you have a prior chemical test refusal or DWI conviction on your record in the past ten years. Per, NH Rev Stat § 265-A:10, a chemical test refusal may also be admissible in court.
I was arrested for DWI with drugs. How long could my license be revoked for this?
A first DWI charge for drug impairment is punishable by license revocation from nine months to two years. However, proof of successful completion of the Impaired Driver Care Management Program (“IDCMP”) within the required timeframes may reduce the suspension period by six months. This step can reduce the minimum court-imposed license loss for a first offense to 90 days. On a second offense, the revocation period will increase to three years. A third offense may result in your license being indefinitely revoked. Our DWI defense lawyers regularly assist clients in mitigating and avoiding these lengthy license losses.
Who is considered a habitual DWI offender?
According to the New Hampshire Department of Safety, habitual offenders have very poor driving records. Certification as a habitual offender occurs based on accumulating too many major and/or minor offenses within a five-year period. Twelve “minor” offense convictions, such as speeding, crossing a solid yellow line, operating without a valid license contrary to NH Rev Stat § 263:1, and operating without proof of insurance within this 5-year period, will result in certification as a habitual offender. Three “major” convictions within this same time period will also result in certification. A combination of one major and eight minor offense convictions or two major and four minor offense convictions within a 5-year window will also result in certification as a habitual offender.
The most common major convictions include:
- Driving while intoxicated
- Reckless driving
- Negligent Driving
- Conduct after an accident
- Road Racing
- Disobeying a police officer contrary to NH Rev Stat § 265:4
- Operating with a suspended or revoked license
- Taking a motor vehicle without the owner’s consent
- Negligent homicide involving a motor vehicle
- Manslaughter involving a motor vehicle
For more information, please read NH Rev Stat § 259:39 and § 262:19-24.
If my license is suspended for a DWI, how can I get it back?
You must take affirmative steps to reinstate your privilege to drive through the New Hampshire Department of Safety before you may operate a motor vehicle. Following a DWI conviction, you must supply proof of successful completion of the Impaired Driver Care Management Program (“IDCMP”), an SR-22, a form from your motor vehicle insurance company confirming your privilege to drive is insured, and a $100 reinstatement fee.
Following a conviction for Aggravated DWI or Subsequent offense DWIs, you may also be required to supply proof that you have installed an ignition interlock device into your vehicle.
How can I find out how many demerit points I will receive for my DWI?
The New Hampshire Department of Safety’s Division of Motor Vehicles lists how many demerit points any traffic offense warrants. According to the statutes, both an aggravated DWI (265-A:3) and a DWI (265-A:2) will warrant six points.
There are three separate categories for suspension in the demerit program:
- Drivers under age 18: Six points in one calendar year will warrant a three-month suspension; 12 points in two consecutive calendar years will warrant a six-month suspension; and 18 points in three consecutive calendar years will warrant a yearlong suspension.
- Drivers under age 21: Nine points within one calendar year will warrant a three-month suspension; 15 points within two calendar years will warrant a six-month suspension; and 21 points within three calendar years will warrant a yearlong suspension.
- Drivers over age 21: Twelve points within one calendar year will warrant a three-month suspension, 18 points within two calendar years will warrant a six-month suspension, and 24 points within three calendar years will warrant a yearlong suspension.
Completing a Drivers’ Attitude Program approved by the New Hampshire Department of Safety could avoid a points suspension under certain, limited circumstances. To learn more about demerit points, visit our Points System page.