New Hampshire DWI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DWI in New Hampshire
New Hampshire DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DWI in New Hampshire, the law allows only 7 days for a New Hampshire DUI Lawyer to make a request with the New Hampshire DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DWI in New Hampshire?
The penalties for driving while intoxicated in New Hampshire will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
INCREASED PENALTIES: Aggravating Factors
Any person convicted for any aggravated DWI offense will be subject to harsher penalties. Aggravating factors include:
1) Driving or operating at a speed of more than 30mph in excess of the prima facie limit
2) Causing a collision resulting in serious bodily injury
3) Attempting to elude pursuit by law enforcement officers
4) Carrying a passenger under the age of 16 years
5) DWI while having a BAC of 0.16 or more
NOTE: Probationary Drivers License
Any person convicted of DUI will be classed as an 'at risk' driver and will therefore be issued a probationary drivers license for a period of 5 years upon license re-instatement. The maximum BAC limit for probationary drivers is 0.03%.
NH DWI Penalties
New Hampshire is a state with a 10 year 'washout period' also known as a 'look back period'
1st DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DWI offense in New Hampshire:
- Fine: not less than $500 fine
- License Revocation: 9 months to 2 years drivers license revocation
- must complete I.D.I.P (impaired driver intervention program) prior to restoration of license
- Ignition Interlock: IF any aggravating factors are present an ignition interlock restriction upon license re-instatement for a period of not less than 12 months nor more than 2 years
- possible attendance at drug and/or alcohol treatment/counseling program
- NH SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DWI offense in New Hampshire:
- Fine: not less than $750 fine
- Jail: not less than 10 days days in jail
- License Revocation: 3 years drivers license revocation
- Ignition Interlock: ignition interlock restriction upon license re-instatement for a period of not less than 12 months nor more than 2 years
- alcohol/drug abuse evaluation and treatment as instructed
- must complete M.O.P (multiple DWI offender intervention detention center program ) prior to restoration of license
- possible attendance at drug and/or alcohol treatment/counseling program
- possible substance abuse monitoring (random urinalysis tests etc)
- NH SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DWI offense in New Hampshire:
- Fine: not less than $750 fine
- Jail: not less than 180 days days in jail
- License Revocation: indefinite license revocation (may petition court for eligibility to apply for drivers license after 5 years)
- Ignition Interlock: ignition interlock restriction upon license re-instatement for a period of not less than 12 months nor more than 2 years
- alcohol/drug abuse evaluation and treatment as instructed
- at least 28 days in a residential treatment program facility or intensive substance abuse treatment course
- possible substance abuse monitoring (random urinalysis tests etc)
- NH SR22 Insurance (proof of financial responsibility) Requirement
4th (& subsequent) DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a fourth or subsequent DWI offense in New Hampshire:
- Fine: not less than $750 fine
- Jail: minimum mandatory 180 days days in jail
- License Revocation: indefinite license revocation (may petition court for eligibility to apply for drivers license after 7 years)
- Ignition Interlock: ignition interlock restriction upon license re-instatement for a period of not less than 12 months nor more than 2 years
- alcohol/drug abuse evaluation and treatment as instructed
- at least 28 days in a residential treatment program facility or intensive substance abuse treatment course
- possible substance abuse monitoring (random urinalysis tests etc)
- NH SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in New Hampshire and implied consent laws are enforced.
In New Hampshire, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
- License Suspension: 180 days drivers license suspension
- NH SR22 Insurance (proof of financial responsibility) Requirement
Second (and subsequent) chemical test refusal
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: ignition interlock restriction upon license re-instatement for a period of not less than 12 months nor more than 2 years
- NH SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in New Hampshire
The maximum legal BAC (blood alcohol content) limits in New Hampshire for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of New Hampshire it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of New Hampshire it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of New Hampshire it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in New Hampshire and implied consent laws are enforced.
Amherst, Bedford, Berlin, Claremont, Concord, Conway, Derry, Dover, East Kingston, Exeter, Hampton, Hanover, Hillsboro, Jaffrey, Keene, Laconia, Lebanon, Littleton, Londonderry, Manchester, Meredith, Merrimack, Milford, Nashua, New London, Newport, North Conway, North Hampton, Ossipee, Pelham, Peterborough, Plaistow, Plymouth, Portsmouth, Rochester, Salem, Stratham, Wolfeboro, Woodsville.
Belknap, Carroll, Cheshire, Coos, Grafton, Hillsborough, Merrimack, Rockingham, Strafford, Sullivan.
