New Hampshire DUI Penalties

New Hampshire DUI/DWI Penalties

arrest3In 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 yearMaximum: 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 hour 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 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 hour 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 suspendedPrior 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 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 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 1-800-240-1988 or fill out our online evaluation form.

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