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.

New Hampshire DWI Laws

• DWI is a Crime: All DWI charges in New Hampshire are classified as crimes, not just traffic violations. This distinction makes DWI offenses more serious than typical traffic infractions.
• Blood Alcohol Limits:
  • The legal limit for driving under the influence is 0.08% BAC for drivers over 21.
  • For drivers under 21, the limit is stricter at 0.02% BAC.
• Aggravated DWI: This can occur with a BAC of .16 or higher, causing an accident while under the influence, or other serious circumstances.

What are the Penalties for a First DWI in New Hampshire?

New Hampshire law imposes serious consequences for impaired driving. A standard first-offense DWI is classified as a crime. A DWI conviction can result in:

• License Loss: Ranges from a minimum of 9 months to a maximum of 2 years. Up to 6 months of this loss may be suspended based on compliance with court requirements.
• Required Programs: Submission to alcohol and drug abuse screening and, if necessary, an entire substance use disorder evaluation and compliance with recommended treatment.
• Impaired Driver Education Program (IDEP): Completion of a 20-hour substance abuse education class, including any follow-up counseling.

In addition to these court-imposed penalties, a first-time offense includes:

• Fine: $500 plus a penalty assessment, totaling $620.
• Ignition Interlock Device: The court may require installation, especially for multiple offenses or aggravated circumstances.

Administrative penalties include:

• License Suspension: 6 months for refusing or failing a breath, blood, or urine test. This can extend up to 2 years for subsequent offenses.
• Breath Alcohol Concentration Limits: 0.08% BAC for drivers over 21 and 0.02% BAC for those under 21.

Addressing the administrative process is crucial:

• Administrative Hearing: Within 30 days of an arrest, our lawyers will demand a hearing to contest the penalty. This process allows for negotiations with police officers and prosecutors and provides an opportunity to cross-examine the officer, which helps build a strong case for trial preparation.

Penalties for Second Offense DWI

For a second offense DWI conviction in New Hampshire, the penalties are as follows:

If the second offense occurs within two years of the first conviction, it is classified as a Class A Misdemeanor. The minimum jail term is 60 days, but:

• 30 days of this jail term may be suspended if:
  • A substance use disorder evaluation is scheduled within 30 days of release.
  • The evaluation is completed within 60 days of release.
  • The individual complies with the treatment recommendations and service plan.

Additional penalties include:

• A fine of $750 plus a penalty assessment.
• A two-year administrative license suspension.
• Requirement to install an ignition interlock device (IID) for one to two years following the reinstatement of driving privileges.

If the second offense occurs within ten years of the first conviction but outside of two years, it is still a Class A Misdemeanor. The minimum jail term is 17 days, but:

• 12 days of this jail term may be suspended if:
  • A substance use disorder evaluation is scheduled within 30 days of release.
  • The evaluation is completed within 60 days of release.
  • The individual complies with the treatment recommendations and service plan.

Additional penalties include:

• A fine of $750 plus a penalty assessment.
• A three-year license loss.
• Requirement to install an IID for one to two years following the reinstatement of driving privileges.

Penalties for Third Offense DWI

A third-offense DWI conviction is treated as a Class A Misdemeanor with a minimum jail term of 180 days. Of this:

• 150 days may be suspended if:
  • A substance use disorder evaluation is scheduled within 30 days of release.
  • The evaluation is completed within 60 days of release.
  • The individual complies with the treatment recommendations and service plan.

Additional penalties include:

• An indefinite license loss (reapplication for driving privileges can be made after five years).
• A fine of $750 plus a penalty assessment.
• The requirement is to install an IID for one to two years following the reinstatement of driving privileges.

When is a DWI a Felony in New Hampshire?

Although a DWI is often charged as a misdemeanor in New Hampshire, there are several circumstances where a DWI can become a felony, even for a first offense. A DWI charge can escalate to a felony under specific circumstances:

• Fourth DWI or more: While the first three DWI convictions are typically treated as misdemeanors, any subsequent DWI offenses, starting from the fourth within a 10-year period, are considered felonies. Penalties for a fourth-time DWI conviction can include fines of up to $10,000 and imprisonment for up to 10 years.

• Serious injury: If a DWI offender is involved in an accident that results in serious injury to another person, the charge can be elevated to aggravated DWI, which is classified as a felony in New Hampshire. Conviction for aggravated DWI, a class B felony, can lead to sentences of 3 1/2 to 7 years in the New Hampshire State Prison, substantial fines, an 18-month minimum license revocation, and mandatory installation of an ignition interlock device in the offender's vehicle.

• Death: If a DWI offender causes an accident resulting in someone's death, they may face charges of aggravated DWI and negligent homicide, both of which are felony offenses. Negligent homicide, classified as a class A felony, carries penalties of up to 15 years in prison, fines up to $4,000, and an indefinite license suspension. However, in some cases, a suspended license may be reinstated after 7 years.

Can a DWI be Reduced to Reckless Driving?

In New Hampshire, it is possible for a charge of driving while intoxicated (DWI) to be reduced to reckless driving under certain circumstances. However, this typically depends on the specifics of the case, including factors such as the defendant's prior criminal record, the level of intoxication, any damage or injuries caused, and the skill of the defense attorney.

Prosecutors may sometimes be willing to negotiate a plea bargain in which the DWI charge is reduced to reckless driving, especially if it is a first offense and there are mitigating factors present. This can result in less severe penalties for the defendant, such as reduced fines, shorter license suspension periods, and a lower likelihood of jail time.

However, it's important to note that every case is unique, and the outcome will depend on the specific circumstances and the discretion of the prosecutor and judge involved. It's advisable for anyone facing DWI charges in New Hampshire to consult with an experienced criminal defense attorney who can provide guidance on the best course of action for their situation.

How Long Does a DWI Stay on Your Record?

In New Hampshire, a DWI (driving while intoxicated) conviction typically stays on your driving record for 10 years. This means that it will affect your driving record and potentially influence future legal actions or penalties related to driving offenses during that time frame.

However, it's important to note that the impact of a DWI conviction can extend beyond just your driving record. It can also affect other aspects of your life, such as employment opportunities, insurance rates, and personal reputation.

Facing a DUI charge can be overwhelming. Don't navigate the legal system alone. Contact Shaheen & Gordon for a free consultation. We will fight for you.