DWI Laws

Exeter, New Hampshire DWI-DUI Attorney Ryan Russman

The laws that pertain to your DUI or DWI charge in Exeter or Manchester, New Hampshire can be hard to find throughout the hundreds of state laws covering everything from homicide to auto accidents. DWI-DUI attorney Ryan Russman provides an easy, go-to source of New Hampshire code that can help you determine what your charges mean and the best way to fight them.

Anything from a misdemeanor up to a felony conviction could be placed on your record if found guilty. Depending on the circumstances, a conviction could lead to punishments that include hefty fines, long-term prison sentences, extended parole, or other charges. Without the right legal representation you could be serving a long sentence. That's why using an experienced Manchester, New Hampshire area DUI defense attorney, such as Ryan Russman, could lessen your sentence or get your charges dismissed altogether.

New Hampshire DWI-DUI Laws

A specific DUI crime leads to a specific type of punishment. Below is a list of the penalties based on New Hampshire state law regarding DWI penalties for those living in Exeter, Manchester, or elsewhere in New Hampshire. It's important to contact a local Manchester, NH lawyer to find out how the penalties apply to your DWI-DUI charge.


265-A:18
Penalties for Intoxication or Under Influence of Drugs Offenses

I. Except as otherwise provided in this section:

(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:

(1) Guilty of a class B misdemeanor;

(2) Fined not less than $500;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed, or been required by a court or the department of safety to complete, an impaired driver intervention program (I.D.I.P.) or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of the multiple DWI offender intervention detention center program (M.O.P.) or an equivalent 7-day residential intervention program approved by the commissioner of health and human services;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate; and

(6) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person's subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.

(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c), shall be:

(1) Guilty of a class A misdemeanor;

(2) Fined not less than $750;

(3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 45 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive days or such other time as the court may order;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) as soon as any circumstances approved by the department of health of human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other test as the court may deem appropriate; and

(6) A person who leaves the relevant driver intervention program required by subparagraph IV(a)(3) before completion and fails to return and complete it as soon as extenuating circumstances approved by the department of health and human services allow or who fails to begin following treatment recommendations within the time required by subparagraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in the county correctional facility.

(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I(b) or II(b), shall be:

(1) Guilty of a class B felony;

(2) Fined not less than $1,000;

(3) Sentenced to a mandatory sentence of not less than 21 consecutive days of which 14 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive days served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services, and the remainder of the sentence may be deferred at the court's discretion. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive days or such other time as the court may order. 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; and

(4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) as soon as any extenuating circumstances approved by the department of health and human services allow.

Continue reading NH DWI Laws from the state's website.


NH DWI-DUI Laws

If you have been charged with driving or operating a vehicle under the influence of drugs or liquor in Manchester, NH or elsewhere in the state, the government has outlined specific laws of an individual's rights and privileges. See the list of state DWI-DUI laws below.

Driving or Operating Under the Influence of Drugs or Liquor

265-A:2 – Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration.

265-A:3 – Aggravated Driving While Intoxicated.

265-A:4 – Implied Consent of Driver or Operator to Submit to Testing to Determine Alcohol Concentration.

265-A:5 – Administration of Alcohol Concentration Tests.

265-A:6 – Administration of Physical Tests Added.

265-A:7 – Additional Tests.

265-A:8 – Prerequisites to Tests.

265-A:9 – Effect of Evidence of Alcohol Concentration Test.

265-A:10 – Effect of Evidence of Refusal to Take Alcohol Concentration Test.

265-A:11 – Evidence.

265-A:12 – Official Record of Tests.

265-A:13 – Incapacity to Give Consent.

265-A:14 – Refusal of Consent.

265-A:15 – Preliminary Breath Test.

265-A:16 – Blood Testing of Certain Motor Vehicle Fatalities.

265-A:17 – Arrest Without a Warrant.

265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses.

265-A:19 – Penalties for Boating While Intoxicated.

265-A:20 – Loss of Motorboat Privileges.

265-A:21 – Annulment; Plea Bargaining.

265-A:22 – Payment of all Obligations Prior to Restoration or Renewal.

265-A:23 – Commercial Licensing; Penalties; Driving Under the Influence.

265-A:24 – Commercial Drivers Prohibited From Driving With any Alcohol in Their Systems.

265-A:25 – Implied Consent Requirements for Commercial Motor Vehicle Drivers.

265-A:26 – Revocation of License for Driving While Intoxicated and Appeal.

265-A:27 – Not Guilty Finding; Return of License.

265-A:28 – License Restored Upon Proof of Financial Responsibility.

265-A:29 – Revocation of Nonresident Privilege.

265-A:30 – Administrative License Suspension.

265-A:31 – Administrative Review and Hearings.

265-A:32 – Period of License Suspension.

265-A:33 – Review.

265-A:34 – Appeal; Administrative License Suspension.

265-A:35 – Probationary Licenses.


Alcohol Ignition Interlock Program

265-A:36 – Alcohol Ignition Interlock Program Established.

265-A:37 – Alcohol Ignition Interlock Circumvention.

265-A:38 – Violating Court Order.


Impaired Driver Intervention Programs

265-A:39 – Impaired Driver Intervention Programs.

265-A:40 – Multiple DWI Offender Intervention Detention Center Program.

265-A:41 – Utilization of Funds.

265-A:42 – Attendance at Impaired Driver Intervention Program Required.


Other Alcohol and Drug Offenses

265-A:43 – Possession of Drugs.

265-A:44 – Transporting Alcoholic Beverages.

265-A:45 – Transportation of Alcoholic Beverages by a Minor.