New Hampshire DWI Laws: FAQ

What if I refuse to take a chemical or field sobriety test in New Hampshire?

According to New Hampshire’s implied consent law, if you refuse to take one or more of these tests, and are arrested as a result, you can face harsher penalties than if you had agreed to the testing. For instance, if your license is administratively suspended for failure to submit to testing, your administrative license suspension will be consecutive to any license suspension imposed in your criminal case. Generally your license will be revoked for a period of 180 days for a first time refusal offense and 2 years for a second offense.

What are the penalties for a first DWI conviction in New Hampshire?

If you are convicted of DWI in New Hampshire for the first time, you will be convicted of a Class B misdemeanor, which does not carry jail time, your driver’s license will be revoked for no less than 9 months, you will have to complete a 20-hour DWI education course, and you will have to pay fines of at least $500.

What are the penalties for a second DWI conviction in New Hampshire?

If you are convicted of DWI in New Hampshire a second time within ten years, you will be convicted of a Class A misdemeanor, which results in a mandatory jail sentence of at least 10 consecutive days up to 1 year, your driver’s license will be revoked for 3 years, possible alcohol or drug treatment program, and you will be fined a minimum of $750. Additionally, the penalties are harsher if you are convicted of DWI a second time within two years.

What are the penalties for a third DWI conviction in New Hampshire?

A third DWI conviction in New Hampshire within ten years results in a conviction for a Class A misdemeanor, which carries a mandatory jail sentence ranging from 30 days to one year, a mandatory five-year license revocation, possible alcohol or drug treatment program, and higher fines and penalties.

What are the penalties for a fourth DWI conviction in New Hampshire?

Both a fourth DWI offense and an Aggravated DWI based on serious bodily injury are felony convictions, which can result in a state prison sentence, a substantial license suspension period, and even higher fines.

What are the penalties for an Aggravated DWI conviction in New Hampshire?

If you are convicted of Aggravated DWI in New Hampshire, you face a mandatory jail sentence of up to one year, your driver’s license will be revoked for 18 months-2 years, installation of a mandatory alcohol ignition interlock device in your vehicle for at least one year (at your expense), possible alcohol or drug treatment program, and you will have to pay at least $750 in fines.

How quickly will I lose my driver's license if I am arrested for DWI in New Hampshire?

Whether you refuse testing as requested by law enforcement, or if you are found through testing to be driving with a BAC of 0.08% or greater, you will automatically receive a driver’s license suspension notice from the New Hampshire Department of Safety, Division of Motor Vehicles (DMV). As a result of this notice, you will receive a license suspension of at least 180 days, and for up to two years. 

Will I have to attend counseling or rehabilitation if I am convicted of DWI in New Hampshire?

If you are convicted of DWI in New Hampshire, you must complete a 20-hour DWI education program before having your license reinstated, even if it is your first offense. If you have had more than one DWI conviction, you will be ordered to complete more extensive treatment, such as a 7-day residential treatment program for a second or Aggravated DWI offense, and a 28-day residential treatment program for a subsequent offense. 

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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