If you’ve been arrested for the crime of driving while intoxicated in New Hampshire, your life, livelihood, and liberty is at stake. While the consequences of a DWI conviction can be severe and life-changing, it’s important to mount a solid defense. Not only can being found guilty of a DWI lead to jail time, but it can result in a permanent criminal record — and have serious social and professional ramifications.

What are the Consequences of a DWI in New Hampshire for a First Offense?

The legal blood alcohol concentration (BAC) limit in New Hampshire is .08 for drivers over 21. If you are caught driving with a BAC that exceeds the legal limit, you can be charged with the crime of driving while intoxicated. Critically, a first DWI offense in New Hampshire is classified as a Class B misdemeanor and can come with severe penalties.

The consequences of a DWI for a first-time offender include the following:

• Loss of license for 9 months up to two years — Immediately following a first DWI conviction, your driver’s license would be revoked for a period of at least nine months. However, the court may extend the revocation period for up to two years.
• A monetary fine — You will be responsible for paying a fine between $500 and $1,200, in addition to a penalty assessment.
• Required completion of an Impaired Driver Intervention Program — Completion of an Impaired Driver Intervention Program is required for a first DWI. These programs offer support for those who have been convicted of a drinking and driving offense and must be approved by the New Hampshire Department of Health and Human Services, Bureau of Alcohol and Drug Services.

After one year, you can petition the court to reduce a first DWI conviction to a violation. But while this can make the DWI a non-criminal offense, a conviction will usually remain on your license for a period of ten years. In some cases, a charge can also be reduced to reckless driving, depending on the specific facts and circumstances of the case.

What are the Consequences for a Subsequent DWI in New Hampshire?

A second DWI in New Hampshire that occurred between two and ten years from the first conviction can be charged as a Class A misdemeanor. Unlike a first offense, a second DWI conviction includes jail time. If the second offense occurred within two years of the first, you would be committed to the House of Corrections for 60 days and required to serve a minimum of 30 consecutive days in jail. In the event the prior convictions occurred between two and ten years, you would be committed to the House of Corrections for 17 days to one year, and serve a minimum of five days in jail. A second offense also comes with a fine of at least $750, a substance abuse screening assessment, ignition interlock for 12 months, and required participation in a state-approved DWI course.

If you are arrested for a third DWI within a ten year period of two prior convictions, you could face 180 days in the House of Corrections (150 of which are suspended) upon conviction and license loss of no less than five years. You would also be required to install an ignition interlock device in your vehicle. A fourth offense is a Class B felony that can result in a sentence of seven years in state prison, significant monetary fines, participation in a state-approved DWI course, and the potential to lose your license indefinitely.

What are the Penalties for an Aggravated DWI?

Aggravated DWI offenses are treated much more harshly, and a conviction can come with elevated penalties. You can face charges for an aggravated DWI if you caused an accident that resulted in serious injury to another; were driving 30 miles per hour or more over the speed limit; had a passenger in the vehicle under 16; or attempted to elude the police. You can also be charged with an aggravated DWI if any of those factors were present, and you had a BAC of .08% or more.

If you are found guilty of an aggravated DWI, you could face a Class A misdemeanor and the following penalties:

• Jail time — You could be sentenced to 17 days in jail.
• A monetary fine — You can be required to pay a fine of at least $750.
• Installation of an ignition interlock device — If you are found guilty of an aggravated DWI, you would be required to install an ignition interlock device in your vehicle. If the device detected any amount of alcohol on your breath, the vehicle would not start.
• Random drug testing — The court can require random drug testing as part of your sentence.

In the event the aggravated DWI caused an accident that injured another person, you can face Class B felony charges — and much more severe penalties. The consequences of a DWI conviction where aggravating factors were present can include at least 35 days in jail, a fine of $1,000 or more, and license suspension for 18 months to two years. You would also be required to install an ignition interlock device and be subject to random drug testing.

Collateral Consequences of a DWI Conviction in New Hampshire

In addition to the legal consequences of a DWI conviction, you can also face a wide range of collateral consequences, including those involving employment opportunities. For instance, if your job involves driving or transportation, you may lose your position. A DWI can also result in the loss of a professional license or make it much more difficult to find a job.

Other collateral consequences can include increased insurance premiums and the financial impact that can come with having to pay for court fees and alcohol counseling programs. Notably, with any DWI conviction, you would be required to file an SR-22 Certificate of Insurance, which is a document that shows you have car insurance and satisfy the state’s minimum liability requirements. A first time DWI offender must maintain SR-22 insurance for a period of three years following the end of their license suspension. A second time offender must maintain this form of insurance for five years.

Contact an Experienced New Hampshire DWI Attorney

The consequences of a DWI conviction are serious. If you’ve been charged with a DWI offense, it’s vital to have a committed criminal defense attorney by your side who can fight for your rights. Offering knowledgeable counsel and trusted representation, the attorneys at Beaton & Kiers provide skillful defense to clients throughout New Hampshire who have been arrested on DWI charges. To learn more about how we can help, contact us to schedule a consultation.