DUI Laws in New Hampshire (DWI)
New Hampshire uses the term "DWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th offense within 10 years. Below are the full details of New Hampshire's DUI laws and penalties.
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Overview
New Hampshire refers to impaired driving as DWI (Driving While Intoxicated) and enforces a 10-year lookback period for prior offenses. The state is notable for having no general sales tax or income tax, but its DWI fines and surcharges can be substantial. A fourth DWI within 10 years is a Class B Felony. New Hampshire uses an administrative license suspension (ALS) system that operates independently from the criminal case, meaning a driver can lose their license even before a court conviction. The state's Impaired Driver Care Management Program (IDCMP) provides structured intervention for repeat offenders.
Official term: DWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.16% — triggers aggravated DWI with enhanced mandatory minimum penalties |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class B Misdemeanor (standard) / Class A Misdemeanor (aggravated, BAC ≥ 0.16%) | No mandatory minimum for standard first offense. Aggravated (BAC ≥ 0.16%): mandatory minimum 17 consecutive days in the Multiple DWI Offender Intervention Detention Center (MOIDC) or equivalent | $500 minimum (standard); $750 minimum (aggravated). Maximum $1,200 for Class B Misdemeanor; $2,000 for Class A Misdemeanor | 9 months to 2 years for standard; 18 months to 2 years for aggravated (BAC ≥ 0.16%) | May be required for restricted license; mandatory if BAC ≥ 0.16% for the duration of license restoration |
| 2nd Offense | Class A Misdemeanor (within 10 years of first) | Mandatory minimum 17 consecutive days (may be served at MOIDC); up to 1 year | $750 to $2,000 plus penalty assessments | 3 years; eligible for conditional license with IID after 18 months | Required for at least 1 year as condition of conditional license restoration |
| 3rd Offense | Class A Misdemeanor (within 10 years) | Mandatory minimum 180 days; up to 1 year. Minimum 30 consecutive days must be served | $2,000 to $2,000 (statutory maximum) plus penalty assessments | Indefinite revocation; may petition for reinstatement after 5 years with IID | Required for at least 2 years after reinstatement, if granted |
| Felony | Class B Felony (4th offense within 10 years) / Class A or B Felony (DWI causing death/serious injury) | 4th offense: up to 7 years; mandatory minimum 180 days. DWI causing death: up to 15 years (Class A Felony) | Up to $4,000 for 4th offense; up to $4,000 for felony DWI causing death/injury | Indefinite revocation; reinstatement petition possible after 7 years for 4th offense | Required for extended period (typically 2+ years) if reinstatement is ever granted |
Felony threshold: 4th offense within 10 years, or any DWI resulting in serious bodily injury or death. Lookback period: 10 years — prior DWI convictions within this window count toward offense-level enhancement.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Court may impose community service, particularly for standard first offense as alternative to some penalties | Up to 2 years; must complete IDCMP (Impaired Driver Care Management Program) evaluation | Mandatory completion of the Impaired Driver Education Program (IDEP) — a 20-hour program. IDCMP evaluation and compliance with recommended treatment. |
| 2nd Offense | At court's discretion as probation condition | Up to 2 years; mandatory IDCMP compliance and intensive treatment | Mandatory IDCMP evaluation and completion of recommended treatment program (often intensive outpatient) |
| 3rd Offense | At court's discretion | Up to 2 years; mandatory IDCMP intensive treatment and monitoring | Mandatory intensive chemical dependency treatment program through IDCMP; residential treatment may be required |
| Felony | At court's discretion | Extended probation; lifetime treatment and monitoring requirements possible | Mandatory intensive inpatient or residential treatment program through IDCMP |
Implied Consent Law
Under New Hampshire's implied consent law (RSA 265-A:4), any person who operates or attempts to operate a motor vehicle on any way in the state is deemed to have given consent to physical tests and the testing of breath or blood for alcohol or drugs.
Refusal penalties: First refusal: 180-day administrative license suspension (ALS). Second refusal (within 10 years): 2-year suspension. Refusal is admissible as evidence in court. The administrative suspension for refusal is separate from and in addition to any court-imposed suspension for a DWI conviction.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.16% or higher (Aggravated DWI) | Upgraded to Class A Misdemeanor with mandatory 17-day minimum in MOIDC; longer license suspension (18 months–2 years vs 9 months); mandatory IID |
| Excessive speed (30+ mph over limit) | Aggravated DWI classification with enhanced penalties matching BAC ≥ 0.16% tier |
| Causing a collision resulting in serious bodily injury | Elevated to Aggravated DWI (Class A Misdemeanor) or felony charge depending on severity; mandatory jail time |
| Minor passenger under age 16 | Aggravated DWI classification with enhanced penalties; potential child endangerment charges |
| Attempting to elude law enforcement | Aggravated DWI classification; additional reckless conduct charges possible |
| Wrong-way driving on a divided highway | Aggravated DWI classification with the same enhanced penalties as high-BAC offenses |
DUI with Injury
Classification: Class A or Class B Felony — Aggravated DWI causing serious bodily injury or death (RSA 265-A:3)
DWI causing serious bodily injury: Class B Felony with up to 7 years imprisonment and up to $4,000 in fines. DWI causing death (negligent homicide): Class A Felony with up to 15 years imprisonment and up to $4,000 in fines. Indefinite license revocation. Restitution to victims is mandatory. A second offense DWI causing death can result in 15–30 years imprisonment.
Underage DUI
Drivers under 21 with BAC of 0.02% or higher but below 0.08% are subject to the Youth Alcohol Law (RSA 265-A:43), resulting in a 1-year administrative license loss. If BAC is 0.08% or higher, the underage driver faces the same adult DWI criminal penalties. Mandatory alcohol education and assessment are required for all underage violations. A second underage violation results in a license loss until age 21 or for 1 year, whichever is longer.
Diversion Programs
Program: Impaired Driver Care Management Program (IDCMP)
New Hampshire's IDCMP is a structured intervention and treatment program for all DWI offenders, not technically a diversion from prosecution but a mandatory component of sentencing. IDCMP provides a clinical assessment, creates an individualized treatment plan, and monitors compliance. For first-time offenders, completion of the Impaired Driver Education Program (IDEP) is the primary educational requirement. Some New Hampshire courts also offer DWI Court for repeat offenders with intensive judicial supervision.
Eligibility: All DWI offenders must participate in IDCMP evaluation. The IDEP 20-hour education program is for first-time offenders. DWI Court programs (where available) target repeat offenders with demonstrated substance use disorders. True pretrial diversion (charge dismissal) is generally not available for DWI in New Hampshire.
How Long a DUI Stays on Your Record
A DWI conviction remains on your New Hampshire criminal record permanently. New Hampshire has very limited record annulment options — a misdemeanor DWI conviction may be eligible for annulment 3 years after completion of the sentence, and a felony DWI 5 years after completion. However, annulment of DWI convictions is at the court's discretion and is not guaranteed. On your driving record, DWI convictions are maintained for at least 10 years for lookback purposes and remain visible to law enforcement indefinitely.
Key Statutes
- RSA 265-A:2
- Driving or operating under the influence of drugs or liquor — main DWI offense statute
- RSA 265-A:3
- Aggravated DWI — enhanced penalties for high BAC, speed, injury, minors
- RSA 265-A:4
- Implied consent — requirement to submit to testing
- RSA 265-A:14
- Ignition interlock device program
- RSA 265-A:18
- Penalties for DWI offenses — first, second, subsequent
- RSA 630:3
- Negligent homicide — applies to DWI-related fatalities
Frequently Asked Questions
How long does a DWI stay on your record in New Hampshire?
Is a first DWI a felony in New Hampshire?
What happens if you refuse a breathalyzer in New Hampshire?
What is aggravated DWI in New Hampshire?
How many DWIs is a felony in New Hampshire?
Can I get a conditional license after a DWI in New Hampshire?
What is the MOIDC in New Hampshire?
Do I need an SR-22 after a DWI in New Hampshire?
Related Guide
DUI license recovery in New Hampshire→Step-by-step guide to getting your license back after a DUI in New Hampshire — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- New Hampshire DMV — DWI Information
Official NH DMV information on license revocation, reinstatement, conditional licenses, and IID requirements after DWI
- New Hampshire Judicial Branch — DWI Courts
Information on New Hampshire's specialty courts including DWI Court programs for repeat offenders
- New Hampshire Revised Statutes — Chapter 265-A
Full text of New Hampshire DWI statutes including penalties, implied consent, IID, and aggravated DWI definitions
- NH Legal Assistance
Free legal aid for low-income New Hampshire residents facing DWI charges and license-related issues
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