New Hampshire DWI/DUI Laws and Penalties

New Hampshire's DWI laws prohibit driving or being in actual physical control of a motor vehicle:

• while "under the influence" of any natural or synthetic substance that impairs the driver's ability to drive (including alcohol, prescription drugs, and controlled substances), and
• with a blood alcohol concentration (BAC) of .08% or more (.04% or more for commercial drivers and .02% or more for drivers under 21 years old).

In other words, you can get a DWI based on actual impairment or having a prohibited amount of alcohol in your system (a "per se" DWI).

Jail Time and Fines for New Hampshire DWI Convictions

The penalties for a DWI are generally dependent on the number of prior convictions the driver has that occurred within the last ten years.

DWI Probation

The judge can place an offender on probation—reducing the actual time the offender must spend in jail—after the offender has served at least five days in jail for a second offense (14 days if had a prior DWI within last two years) or 30 days for a third offense. As part of probation, the driver must submit to an alcohol and drug evaluation and complete any recommended treatment under the Impaired Driver Care Management Program (IDCMP). The IDCMP can include inpatient and outpatient treatment, random testing, and drug and alcohol monitoring.

Aggravated DWIs

A DWI that involves excessive speeding, a passenger under 16 years old, bodily injury, a BAC of .16% or more, or running from the cops is considered an "aggravated DWI" and carries increased penalties. An aggravated DWI is a class A misdemeanor and carries five days to one year in jail and a $750 to $2,000 fine. If serious bodily injury occurred, the DWI will be a class B felony, and the convicted motorist faces 14 days to seven years in jail and $1,000 to $4,000 in fines. For an aggravated DWI, the driver's license will be suspended for 18 months to two years. However, the driver can get the suspension period reduced to 12 months by participating in the IDCMP.

Driver's License Penalties

New Hampshire's implied consent law states that all drivers are deemed to have given consent to a chemical test to determine the presence of alcohol and or drugs in the driver's system. A driver who unlawfully refuses testing, has an excessive BAC, or is convicted of DWI will face license-related penalties.

A suspended or revoked driver may be eligible for early reinstatement by completing the IDCMP. However, the court might require the installation of an ignition interlock device (IID) as a condition of early reinstatement.

A driver's license suspension arising from a test refusal will run consecutively (back-to-back) to any other suspension.

For five years after reinstatement, the driver will have a probationary license and be prohibited from driving with a BAC of .03% or more. A test failure or refusal will result in a 90- to 180-day suspension.