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)
| Classification | Class B Misdemeanor |
| Potential Jail Time | None |
| Fine | Minimum: $500.00 |
| Court Order Loss of License | Minimum: 1 year maximum: 2 years (mandatory if passenger under age of 16 present) |
| Administrative License Suspension | Minimum: 6 Months |
| Minimum Required Treatment | IDCMP 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 Requirement | Within the court’s discretion. |
| Insurance Requirements | SR-22 form required prior to reinstatement. |
DWI First Offense (Driver Over 21)
| Classification | Class B Misdemeanor |
| Potential Jail Time | None |
| Fine | Minimum: $500.00 |
| Court Order Loss of License | Minimum: 9 months (can be reduced to 90 days)Maximum: 2 years |
| Administrative License Suspension | Minimum: 6 months |
| Minimum Required Treatment | IDCMP 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 Requirement | Not typical but can be ordered by Judge |
| Insurance Requirements | SR-22 form required prior to reinstatement. |
DWI Second Offense
| Classification | Class A Misdemeanor |
| Potential Jail Time | Prior 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 |
| Fine | Minimum: $750.00 |
| Court Order Loss of License | 3 years |
| Administrative License Suspension | Typically 2 years or more |
| Minimum Required Treatment | Referral 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 Requirement | Minimum: 1 year |
| Insurance Requirements | Proof of an SR-22 prior to reinstatement. |
DWI Third Offense
| Classification | Class A Misdemeanor |
| Potential Jail Time | Minimum: 6 months, of which 150 days could be suspended |
| Fine | Minimum: $750.00 |
| Court Order Loss of License | Indefinite. Can petition for reinstatement of license in 5 years in the majority of cases. |
| Administrative License Suspension | 2 years |
| Minimum Required Treatment | 28-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 Requirement | Minimum: 1 year |
| Insurance Requirements | Proof of an SR-22 prior to reinstatement. |
DWI Forth or Subsequent Offense
| Classification | Class B Felony |
| Potential Jail Time | Minimum: 6 months, of which 5 months could be suspended |
| Fine | Minimum: $750.00 |
| Court Order Loss of License | Indefinite. Can petition for reinstatement of license in 5 years in the majority of cases. |
| Administrative License Suspension | 2 years |
| Minimum Required Treatment | 28-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 Requirement | Minimum: 1 year |
| Insurance Requirements | Proof of an SR-22 prior to reinstatement. |
Aggravated DWI- Misdemeanor
| Classification | Class A Misdemeanor |
| Potential Jail Time | Minimum: 22 days, of which 12 days could be suspended |
| Fine | Minimum: $750.00 |
| Court Order Loss of License | Minimum: 18 Months |
| Administrative License Suspension | Minimum: 6 Months |
| Minimum Required Treatment | Referral 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 Requirement | Minimum: 1 year |
| Insurance Requirements | Proof of an SR-22 prior to reinstatement. |
Aggravated DWI Felony
| Classification | Class B Felony |
| Potential Jail Time | 3 ½- 7 years in prison |
| Fine | Minimum: $1,000.00 |
| Court Order Loss of License | Minimum: 18 Months |
| Administrative License Suspension | Minimum: 6 Months |
| Minimum Required Treatment | 7-day Multiple Offender Program (MOP), which must immediately follow any jail sentence.*ALL TREATMENT BILLED TO INDIVIDUAL |
| Ignition Interlock Requirement | Minimum: 1 year |
| Insurance Requirements | Proof 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.