New Hampshire DUI/DWI Laws and Penalties

The penalties you'll face for a DWI in New Hampshire depend on the number of prior convictions and the circumstances of the case. This article explains New Hampshire's DWI laws and the penalties you'll face for a first, second, third, and felony conviction.

New Hampshire DUI/DWI Law

In New Hampshire, you can get a DWI (also called "DUI") for driving or attempting to drive:

• with a blood alcohol content (BAC) of .08% or greater, or
• while "under the influence" of any natural or synthetic substance that impairs a person's ability to drive—includes impairment from alcohol, prescription drugs, controlled substances, and over-the-counter drugs.

The BAC level that can lead to a DWI is lower for commercial drivers (.04% or more) and drivers who are under the age of 21 (.02% or more).

New Hampshire 1st DUI Penalties

A first DUI within 10 years is generally a misdemeanor in New Hampshire and typically carries:

• no jail time
• $500 to $1,200 in fines, and
• license suspension of nine months to two years.

However, if the offense involved speeding at least 30 miles per hour over the limit, evading an officer, or a passenger under the age of 16, the conviction is an "aggravated offense" and carries:

• five days to one year in jail
• $750 to $2,000 in fines, and
• license suspension of 18 months to two years.

All first offenders might need to use an ignition interlock device (IID) during the revocation period, and for aggravated offenses, the offender must use an IID for 12 months to two years following the revocation period.

New Hampshire 2nd DUI Penalties

A second DUI within 10 years is generally a misdemeanor in New Hampshire and typically carries:

• 17 days to one year in jail (60-day minimum of the prior was within two years of the second)
• $750 to $2,000 in fines, and
• license suspension of at least three years.

All second offenders might need to use an IID during the revocation period, and for aggravated offenses, the offender must use an IID for 12 months to two years following the revocation period.

New Hampshire 3rd DUI Penalties

A third DUI within 10 years is generally a misdemeanor in New Hampshire and typically carries:

• 180 days to one year in jail
• $750 to $2,000 in fines, and
• license suspension of nine months to two years.

All third offenders might need to use an IID during the revocation period, and for aggravated offenses, the offender must use an IID for 12 months to two years following the revocation period.

New Hampshire's Felony DUI Penalties

A number of circumstances can result in a DUI being elevated to a felony in New Hampshire. Here are some of the most common scenarios.

Fourth or Subsequent DWI Conviction Is a Felony

When an offender has three or more prior DWI convictions that occurred within the past ten years, the current offense will be a felony.

A fourth or subsequent DWI conviction carries a minimum $750 fine, at least 120 days in jail, and indefinite license suspension (reinstatement is possible after seven years).

Felony Charges for DWIs Involving Injuries and Deaths

A DWI involving an accident where someone is seriously injured is considered an "aggravated DWI." A conviction for this type of offense is a class B felony and carries a minimum $1,000 fine, at least 35 days in jail, and a minimum 18-month license revocation.

Causing the death of another person while driving under the influence is "negligent homicide." Convicted motorists face class A felony charges, up to 15 years in prison, a maximum $4,000 fine, and indefinite license suspension (with reinstatement possible after seven years).

Talk to an Attorney

The penalties for a DUI are serious in New Hampshire. If you've been arrested for driving under the influence, get in contact with a qualified attorney who can help you navigate the legal process.