New Hampshire Drunk-Driving Laws

First DWI Offense²

Any person convicted for exceeding the above-mentioned BAC level will be guilty of a class B misdemeanor. In such cases, the court could issue a fine of at least $500, suspend their driver's license, and require the completion of an Impaired Driver Intervention Program (IDIP) to reinstate their license.

The offender's license will be suspended for at least nine months up to two years. If he enrolls in the mentioned IDIP program within 45 days upon the date of conviction, the court could reduce the suspension period by six months. An IDIP program ordinarily costs approximately $500.

After a year upon the date of conviction, the driver could file a motion to the sentencing court to convert the conviction to a violation. The person's driving record starting from the date of the conviction, the results of alcohol treatment, and any criminal record would be the deciding factors in the success of the motion.

First DWI Offense Under the Age of 21

NH drunk driving laws pose a higher penalty to drivers under 21. The court will suspend the offender's license for at least a year and require further alcohol treatment and counseling.

Second DWI Offense³

In the case of a second offense, NH DWI laws pose a fine of at least $750 dollars with a minimum mandatory imprisonment of at least 37 consecutive days, provided that the first conviction was within two years prior to the second incident. The convicted person is required to serve 30 consecutive days in a county correctional facility and the remaining seven days in a MOP or a residential program.

If the convicted could prove that his prior conviction occurred for more than 2 years, he could face a shorter jail time of at least 10 consecutive days (three days in a county correctional facility and 7 days in a MOP or residential intervention program).

In addition to the aforementioned penalties, the offender's license will be revoked for a period of at least three years starting from the date of the conviction.

The failure to comply with the order of the court by not completing the program or not undergoing the necessary treatments could result to charges of contempt of court with a minimum imprisonment of 30 days.

Third DWI Offense⁴

The penalties for the third offense include all of the above mentioned for the second offense. One significant difference would be the longer revocation period of at least five years. After that period, the offender needs to file a petition if he wishes to re-apply for a license.

Minimum mandatory imprisonment is longer for the third offense. The convicted person has to serve at least 180 consecutive days, 30 days in a country correctional facility and 28 days in a MOP. The costs of the program will have to be paid by the offender. Suspension of the remaining sentence is possible upon a written motion by the convicted person.

Fourth and Subsequent DWI Offense⁵

All subsequent offense after the third time is classified as a felony under the New Hampshire DWI laws. License suspension is indefinite and re-application is not possible for seven years upon the date of the offender's conviction. All other penalties pertaining to a third DWI offender will apply here as well.

Aggravated DWI Offense⁶

Under New Hampshire law, an aggravated DWI offense is a class A misdemeanor. The convicted person should expect a fine of at least $750 and a mandatory imprisonment of at least 10 consecutive days; three consecutive days will have to be served in the county correctional facility. The remaining sentence will be served in a multiple DWI offenders program (MOP).

The convicted person needs to serve his sentence within 45 days upon the date of conviction. In cases where the MOP could not offer an available spot, the convicted person could be transferred to a residential intervention program.

The offender's license could be revoked for a period of 18 months up to two years. If there is good cause, the court could suspend the revocation for up to 6 months. Such suspension requires the person to enter the mandatory intervention program as soon as possible.

Similar to the first offense penalties, the court could also require the convicted person to undergo certain treatments and tests. If the offender fails to complete the mandatory intervention program or refuses to undergo the treatment as ordered by the court, he will be charged with contempt of court and face at least 14 days of imprisonment.

DWI Resulting In Injury or Aggravated DWI⁷

In New Hampshire, a person who causes a motor vehicle accident that results in serious bodily injury while under the influence of alcohol, drugs or both, faces very serious consequences. In New Hampshire this is termed: "Aggravated Driving While Intoxicated" (DWI), and it brings serious penalties.

If someone has been charged with aggravated DWI resulting in serious body injury caused by the driver, that person will be deemed guilty of a class B felony. With a first offense, you face a possible loss of your driving privileges for from 90 days to two years. You may have to pay a stiff fine of $1,000. And you'll be ordered to attend a twenty-hour "Impaired Driver Intervention Program" for which you have to pay the program fee.

The court could issue a sentence of at least 21 consecutive days in prison: 14 consecutive 24-hour periods need to be served in a county correctional facility and the remaining 7 in a MOP (or residential program if there is no available spot in the MOP).

In addition, the offender's license will be revoked for between 18 months and two years. The court has the discretion to suspend six months from the sentence if there is good cause and proof that the offender is in an intervention program as required in the sentence.

DWI Negligent Homicide⁸

Negligent homicide is the unintentional but careless killing of another person. In New Hampshire, "negligence in the operation of an automobile" comes under "negligent homicide" and is always a felony.

A person found guilty of causing another person's death due to negligent driving will be charged with a Class B felony. The person could have been driving an automobile, a boat, or even an off highway recreational vehicle (OHRV).

It becomes a Class A felony – with even more severe penalties – when the death resulted because the driver was intoxicated at the time of the accident, either with alcohol, drugs, or both.

In New Hampshire, if you are guilty of a Class B felony, you can be sentenced to up to seven years in jail. For a Class A felony, your jail term can go up to fifteen years.

Your driver's license can be revoked for seven years, or even longer. After that time, you'll have to petition the court for permission to reapply for a license. If you do get permission to apply for a new driver's license, you may then have to have an ignition interlock device (IID) installed on your car for up to five years. Plus, of course, you can be assessed heavy fines.

New Hampshire Law on Commercial Driving While Intoxicated⁹

Anyone who operates a commercial motor vehicle with a BAC level of 0.04 or greater will face a license suspension for at least a year -- three years if transporting hazardous material while intoxicated. The second offense could lead to an indefinite suspension of license or for a period of at least 10 years.

Refusal to Consent¹⁰

If a possible offender refuses to submit to the tests as requested by enforcement officers, his license could be suspended for 180 days. If it is the second time he refuses to cooperate, he could lose his license for up to two years. If convicted of a DWI offense, the sentence of refusal needs to be served in addition to any criminal sentence for the drunk-driving offense.

1 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-2.htm
2 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-18.htm
3 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-18.htm
4 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-18.htm
5 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-18.htm
6 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-18.htm
7 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-mrg.htm
8 http://www.gencourt.state.nh.us/rsa/html/LXII/630/630-3.htm
9 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-23.htm
10 http://www.gencourt.state.nh.us/rsa/html/XXI/265-A/265-A-14.htm