New Hampshire DWI Attorney

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 DWI

A New Hampshire DWI case has two separate hearings: a criminal court hearing and a DMV hearing. The latter is often referred to as the administrative case, and like the criminal case, it begins the moment you are arrested.

After arrest, you will receive a temporary 30-day permit to drive. You must schedule your DMV hearing within these 30 days to contest the suspension of your driver's license. If you do not schedule and attend a DMV hearing, your license will automatically be suspended once the temporary permit expires.

You are not required to have an attorney to represent you in either the administrative or criminal case, but it is highly recommended that you do for your own benefit. An attorney may be able to reduce the penalties you face or help you avoid them altogether.

If convicted, a first-offense DWI may result in the suspension of your driver's license for anywhere between nine months and two years and a fine of $500 to $1,200. A second offense may result in a three-year license revocation, fines between $750 and $2,000, and a jail sentence of 17 days to one year. The fines will remain the same for a third offense, but you could lose your license indefinitely and be stuck with a jail sentence of 180 days to one year.

Like any criminal conviction, a DWI conviction will go on your record and likely impact your life for years. For instance, it may negatively impact your employment and housing opportunities. If you spend time incarcerated, you may have difficulty reintegrating into society. The social stigma around incarceration often exacerbates this difficulty. A standard first-offense DWI conviction may be reduced to a non-criminal violation after one year, a step our attorneys regularly take on behalf of our clients.

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/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/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.

Contact one of our convenient office locations to learn how our New Hampshire DWI attorneys can fight for you!

Recommended Reading

• NH’s New Restricted Operator’s License Following DWI Convictions
• Can I Appeal My DWI Conviction?
• DWI Case in NH - A Move from Breath to Blood

Frequently Asked Questions

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
• Conduct after an accident
• 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 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.