Being charged with driving under the influence of drugs or alcohol can be a stressful and overwhelming experience. The DWI penalties in New Hampshire are harsh — and the consequences you will face can depend upon a variety of factors, including the number of prior convictions you have on your record. However, it’s important to understand that just because you’ve been accused of a DWI doesn’t mean you will be convicted. A skillful DWI defense attorney can work to protect your legal rights and fight the charges against you.

Penalties for a First DWI in New Hampshire

A first DWI in New Hampshire is a serious matter. Not only can it result in you having a criminal record, but you may also lose your driving privileges for a certain amount of time — and be required to pay significant monetary fines. Under New Hampshire law, a first DWI offense means that you do not have any prior convictions within ten years from any state. Absent aggravating factors, a first offense is generally classified as a Class B misdemeanor.

While jail time is usually not imposed for a first DWI, you may face the following penalties:

• Mandatory license suspension — Your license may be suspended for nine months, up to a maximum of two years. In some cases, license suspension may be reduced to ninety days based on conditions.
• Monetary fines — You may incur fines between $500 to $1,200, plus a mandatory 24% court-imposed penalty assessment for a first DWI.
• Substance abuse screening assessment — You must schedule a substance abuse screening assessment within 14 days of a DWI conviction. Based on the results, you might also be required to a full substance use disorder evaluation within 30 days of conviction.
• Participation in a state-approved DWI course — Before your driver’s license can be restored, you must complete a 20-hour Impaired Driver Education Program and any recommended aftercare programs such as AA or alcohol treatment.
• Installation of an interlock ignition device — During the period of license suspension, a judge may order the use of an interlock ignition device. This is a system that connects a breath analyzer to a motor vehicle’s ignition system and measures the concentration of alcohol in the breath of the person who attempts to start the vehicle.

A first DWI can be considered an “aggravated offense” under certain circumstances. For instance, the penalties can be increased to a Class A misdemeanor if you were found driving 30 miles per hour over the speed limit, attempted to elude law enforcement, or caused an accident that resulted in serious injury to another. You can also be charged with an “aggravated DWI” if your BAC was greater than .16% or a passenger under the age of 16 was present in the vehicle at the time you were pulled over for driving while intoxicated. DWI penalties in New Hampshire for an aggravated offense can also include up to one year in jail, fines of $750 to $2,000, and license suspension from 18 months up to two years.

Penalties for a Second or Third DWI in New Hampshire

A second DWI offense within ten years of a prior conviction is treated as a Class A misdemeanor in New Hampshire. If the second offense occurs within two years of the first conviction, you can face mandatory jail time of 30 days. In the event the DWI occurred after two years — but before ten years have passed — the minimum mandatory jail sentence is five days.

Other penalties for a second DWI can include the following:

• Mandatory license suspension — Your license may be suspended for at least three years upon conviction of a second DWI.
• Monetary fines — You may incur fines between $750 and $2,000, plus a 24% court-imposed penalty assessment for a second DWI.
• Substance abuse screening assessment — Within 30 days of release, you must schedule a full substance use disorder evaluation and complete it within 60 days of release.
• Participation in a state-approved DWI course — The court may order you to attend an Impaired Driver Education Program and an aftercare program.
• Installation of an interlock ignition device — The court may order an ignition interlock device to be installed in your vehicle for 12 months to two years after your license has been reinstated.

A third DWI is classified as a Class A misdemeanor, carrying a fine of $750 to $2,000, a jail sentence of six months to one year, and probation. At least 30 consecutive days of the sentence must be served in a county correctional facility. In addition, a third DWI can result in license revocation for a minimum of five years. You must also complete an alcohol education program and have an ignition interlock device installed in your vehicle for up to two years upon reinstatement of your license.

DWI Penalties in New Hampshire for a Fourth DWI

A fourth DWI, and any subsequent DWIs, within 10 years can be charged as a felony in New Hampshire. The penalties for a fourth DWI can include substantial monetary fines, a jail sentence of up to seven years, five years of probation, a substance abuse screening assessment, mandatory participation in a state-approved DWI course, and installation of an interlock ignition device. While you may lose your driving privileges indefinitely after a fourth DWI conviction, you can apply for a new license after seven years.

Contact an Experienced New Hampshire DWI/DUI Attorney

The DWI penalties in New Hampshire can be severe. If you’ve been arrested for a DWI offense, it’s essential to have a dedicated criminal defense attorney by your side who can fight the charges against you. Offering experienced counsel and reliable representation, the attorneys at Beaton & Kiers provide a trusted defense to clients throughout New Hampshire who are facing DWI charges. To learn more about how we can help, contact us to schedule a consultation.