Penalties for DWI Offenses

Simple First Offense DWI

Aggravated DWI

2nd Offense DWI

3rd Offense DWI

4th or Subsequent Offense DWI

Refusing a breath test or providing a sample over the legal limit

Note: All DWI Penalties do not include any loss of license for refusing a test or giving a test over the legal limit. That loss of license (6 months or 2 years) can run in addition to any license loss after being found guilty of the criminal offense.

Simple First Offense DWI

Class B Misdemeanor, Fine not less than $620. Mandatory Minimum loss of license 9 months, up to 2 years. 6 months can be suspended upon enrolling in an IDIP program within 45 days of conviction. IDIP program is 20 hours, and costs around $500. It must be completed before license is returned. Major violation toward Habitual Offender law. If driver is under 21 minimum one year loss of license. Need SR-22 insurance.

See RSA 265-A:18 for more details.

Aggravated DWI

Class A Misdemeanor, Fine not less than $750 and penalty assesment. Mandatory Minimum loss of license 18 months, up to 2 years. 6 months can be suspended with Judge's discretion.

Mandatory Jail time Minimum 3 days in jail up to a year in jail.

MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law.Need SR-22 insurance.

If Aggravated DWI is for causing serious bodiliy injury then it is a felony. Mandatory 14 days in jail up to 3 and half years - 7 years in prison. Fine $1000-$4000. Plus other conditions of aggravated DWI.

See RSA 265-A:18 for more details.

2nd Offense DWI

Class A Misdemeanor, Fine not less than $750 plus penalty assesment.

Loss of License: At least 3 years.

If previous DWI was within 2 years then Mandatory Jail time Minimum 30 days in jail up to a year in jail.

If previous DWI was between 2 years and 10 years then Mandatory Jail time Minimum 3 days in jail up to a year in jail.

MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law. Need SR-22 insurance. Interlock device 1-2 years.

See RSA 265-A:18 for more details.

3rd Offense DWI

Class A Misdemeanor, Fine not less than $750 plus penalty assesment.

Loss of license indefinate. May petition for reinstatement after 5 years.

Mandatory Jail time Minimum 30 days in jail up to a year in jail up to a year. Minimum 6 months deferred jail time.

Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.

See RSA 265-A:18 for more details.

4th or Subsequent Offense DWI

Class B Felony, Fine not less than $750 plus penalty assesment.

Loss of License: Indefinate. May petition for reinstatement after 7 years.

Mandatory Jail time Minimum 30 days in jail up to 7 years in jail.

Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.

See RSA 265-A:18 for more details.

Refusing a breath test or providing a sample over the legal limit

For a first offense 6 months loss of license. For a second offense 2 years loss of license. It runs in addition to any criminal sentence.

If you refused a breath test and have previously been convicted of DWI you will lose your license for 2 years for the refusal alone, which runs in addition to any criminal sentence.

The Following is taken from my DWI book:

4. New Hampshire DWI
Penalties
New Hampshire has serious penalties for all DWI
convictions. If you are found guilty, you will be subjected
to mandatory fines, mandatory license loss, have a criminal
record, and be subject to mandatory jail time for a
subsequent offense or for aggravated DWI.
Standard First Offense DWI
Class B Misdemeanor
Fine: at least $620.
Loss of License 9 months, up to 2 years. (In certain
circumstances the Court can reduce six months of the
license loss if you enroll in an IDIP program within 45 days
of conviction). Minimum 1 year license loss if you are
under 21 at the time of offense.
20 Hour Impaired Driver Intervention Program (IDIP). The
cost is around $500. It must be completed before license is
returned, as well as any recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
27
Aggravated DWI (all offenses except serious bodily
injury)
Class A Misdemeanor.
Fine: at least $930.
Loss of License 18 months, up to 2 years. (In certain
circumstances the Court can reduce six months of the
license loss if you enroll in the MOP program within 45
days of conviction).
Mandatory Jail time 3 days, up to 1 year in jail.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
If Aggravated DWI is for causing serious bodily injury then
it is a felony which includes mandatory 14 days in jail up to
3 and half years - 7 years in prison. Fine $1000-$4000. Plus
other conditions of aggravated DWI.
Interlock Device required for 1-2 years upon license
reinstatement.
28
Second Offense DWI (When first offense was within 10
years of date of second offense)
Class A Misdemeanor
Fine: at least $930.
Loss of License 3+ years.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license
restoration.
Second offense with First Offense within 2 Years of Date
of Conviction for First Offense
Class A Misdemeanor
Fine: At least $930.
Mandatory Jail time 30 days, up to 1 year in jail.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license
restoration.
29
Interlock Device required for 1-2 years upon license
reinstatement.
Third Offense DWI
Class A Misdemeanor
Fine: at least $930.
Loss of License Indefinite – May be reinstated after 5 years
for good cause.
Mandatory Jail time of not less than 180 consecutive days
of which 30 consecutive 24-hour periods shall be served in
the county correctional facility following which the person
shall complete at the person's own expense a residential
treatment program of at least 28 days duration or an
intensive course of substance abuse treatment based upon a
formal evaluation by a licensed alcohol and other drug
counselor and approved by the department of health and
human services before the driver's license may be restored.
The remainder of the sentence may be deferred for a period
of up to 2 years. The court may, at the satisfactory
completion of any ordered treatment, suspend any
remaining deferred sentence. Failure to successfully
complete any court-ordered intervention program or
recommended treatment shall result in the imposition of
any remaining deferred sentence.
28 Day Straight Residential Treatment Program (MOP). It
must be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
30
SR-22 insurance for three years from date of license
restoration.
Interlock Device required for 1-2 years upon license
reinstatement.
Fourth Offense or More DWI
Same Penalties as Third offense, except it is a Felony
(which carries up to 7 years in prison), and you may only
petition for a return of license after 7 years.
SR-22 Insurance
If you are found guilty of DWI you will be required to
obtain SR-22 insurance prior to getting your license back.
You will need this special insurance for 3 years from the
date of conviction for a first offense24, or 3 years from the
date of restoration eligibility for a subsequent offense25.
Probationary Status
You will be on probationary status for 3 years26. While on
probation, you cannot drive with a BAC at or above .0327,
or you will be subject to a license suspension28.
24 Saf-C 207.12(a)
25 Saf-C 207.12(c)
26 Saf-C 204.03(d)
31
Alcohol Treatment Program
The length of the alcohol program depends on the type of
DWI. It is a 20 hour program for a first offense29, a 7 day
Multiple Offender program for second offense (or if client
previously completed the 20 hour IDIP30) or aggravated
DWI31, and a 28 day program for a third offense32. The
cost for these programs is around $500 for the 20 hour one,
$1500 for the 7 day program, and more for the 28 day one.
Alcohol Ignition Interlock Device
An interlock device is a machine the driver has to blow into
in order to start the car, and occasionally while driving. If
you are found guilty of aggravated DWI, or subsequent
offense DWI, or operating after suspension of DWI, an
interlock device is required for 1-2 years once the license is
returned33. An interlock is optional in other circumstances,
such as a driver under 21.
27 Saf-C 204.03(f)
28 Saf-C 204.03(g)
29 N.H. RSA 265-A:18(I)(c)
30 N.H. RSA 265-A:18(I)(c)
31 N.H. RSA 265-A:18(IV)(a)
32 N.H. RSA 265-A:18(IV)(b)
33 N.H. RSA 265-A:36
32
Major Offense toward Habitual Offender
DWI is a Major violation toward the Habitual Offender
Law34. If you are certified as a Habitual Offender, you will
lose your license for 1-4 years.
Operating after Suspension
If you drive while your license is suspended for DWI you
will be charged with a Class A misdemeanor. If convicted,
you will be sent to jail for a minimum of 7 days, have an
additional year license loss, and be required to have an
interlock device installed in your car once you are eligible
to obtain your license again.
Collateral Offenses
Besides the often mandatory penalties that are included
with DWI convictions, there are often other collateral or
potential consequences.
Out of State drivers
If you have a driver’s license from another State, New
Hampshire will suspend your privilege to drive in New
Hampshire. New Hampshire participates in a Driver
License Compact35. As part of this compact, New
34 N.H. RSA 259:39(I)(k) & N.H. RSA 259:39(I)l)
35 N.H. RSA 263:77 See also Saf-C 204.07
33
Hampshire will forward a conviction of a DWI to the Home
State. Once your home State learns of the conviction, they
will usually reciprocate, and suspend your driver’s license
for the period of suspension that would occur had the DWI
taken place in the Home State. Your home State will often
include other conditions as they would have occurred as if
the DWI happened in that State. It is important to consult
with a lawyer who is licensed in the State where your
license was issued to fully understand the potential
consequences of being found guilty of DWI.
Drivers Under 21
If you are under 21 and convicted of DWI, besides the
license loss of at least one year, you shall not be eligible for
reissuance of a license prior to the age of 21 unless you
satisfy the director after an administrative hearing that you
will drive in a safe manner if the license is issued. The
director may place such restrictions on any license so
issued as the director deems in the best interest of public
safety36.
Travel to Foreign Countries
If you are convicted of DWI you will have a criminal
record. Some countries will not permit the driver from
entering the country.
36 N.H. RSA 263:14(V)
34
If you want to travel to Canada, the general rule for
Canada, is that an “indictable offense”, as defined by the
Canadian Code, can prohibit entry as an excludable
offense37. DWI is an indictable offense38.
So, typically, you will not be able to travel to Canada
unless you are “rehabilitated”. You may want to talk with a
Canadian Consulate to determine your eligibility.
Immigration Consequences
If the DWI charge is a Felony, or punishable by one year in
jail, there can be immigration consequences that include
being deported. This category would include all
aggravated DWIs and subsequent DWIs, but exclude all
standard first offense DWIs.
However, if you are seeking to become a citizen, a criminal
record can have negative consequences. It is best to speak
with a lawyer who deals with immigration issues to
determine any possible consequences of a DWI on your
record.
Commercial Driver’s License (CDL)
37 Please note I am not license to practice in Canada, and therefore
any advice related to Canada is not legal advice, and should not be
relied on, and should be confirmed for any accuracy or inaccuracies.
38 http://laws-lois.justice.gc.ca/eng/acts/C-46/
35
If you have a CDL, you will lose your CDL for at least one
year upon a DWI conviction, or an ALS suspension
regarding the implied consent statute39. The BAC limit in
New Hampshire for a CDL is .0440.
If you were transporting hazardous materials at the time,
the license loss will be at least 3 years41. For a second
offense, there will be a lifetime loss of CDL, but you may
apply for reinstatement after 10 years42.
It does not matter if you were in a vehicle requiring a CDL
at the time of driving, only that you had a CDL.
Loss of Boating Privileges
If you are convicted of DWI, you will lose the privilege to
operate a motorboat for a period of one year from the date
of conviction43.
Possible Pilot License Consequences
Anyone who holds a pilot’s license must notify the FAA of
an ALS suspension or DWI conviction within 60 days44.
Failure to report can result in an investigation and
certificate action.
Demeit Points Suspension
A DWI conviction counts as 6 points on a license. A certain
number of points within a certain time can result in license
suspension.