DUI License Recovery in New Hampshire
A first DWI in New Hampshire carries a minimum $500 fine (up to $1,200), a 9-month to 2-year license revocation (reducible with IDCMP participation), and mandatory completion of the Impaired Driver Care Management Program. After 45 days of hard suspension, you can apply for a conditional license with an IID installed on all your registered vehicles. You will need SR-22 insurance for 3 years and must pay a $100 reinstatement fee. An aggravated DWI (BAC >= 0.16% or other factors) carries 5 days to 1 year jail and an 18-month to 2-year suspension.
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Overview
New Hampshire uses the term DWI (Driving While Intoxicated), though DUI is also commonly used. The state requires ignition interlock devices on all registered vehicles of the offender during the conditional license period. New Hampshire uses a 10-year lookback period for enhanced penalties. A first and second DWI are misdemeanors (class B and class A respectively), while a third DWI within 10 years or an aggravated DWI causing serious bodily injury is a felony. New Hampshire imposes an administrative license suspension separately from the criminal case. The Impaired Driver Care Management Program (IDCMP) through the Department of Health and Human Services is mandatory for all DWI offenders and includes evaluation, education, and treatment. Conditional (restricted) licenses with IID are available during the revocation period.
Quick Answer
A first DWI in New Hampshire carries a minimum $500 fine (up to $1,200), a 9-month to 2-year license revocation (reducible with IDCMP participation), and mandatory completion of the Impaired Driver Care Management Program. After 45 days of hard suspension, you can apply for a conditional license with an IID installed on all your registered vehicles. You will need SR-22 insurance for 3 years and must pay a $100 reinstatement fee. An aggravated DWI (BAC >= 0.16% or other factors) carries 5 days to 1 year jail and an 18-month to 2-year suspension.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | 9-month to 2-year license revocation. Revocation can be reduced to as little as 90 days based on IDCMP compliance and other conditions. After 45 days of hard suspension, a conditional license with IID is available. First offense is a class B misdemeanor: $500-$1,200 fine, no mandatory jail for standard DWI. |
| 2nd Offense | 3-year license revocation (within 10 years). If within 2 years of first conviction: mandatory 60-day jail sentence. If within 10 years: mandatory 17-day jail sentence. Class A misdemeanor: $750+ fine. Conditional license with IID may be available after a portion of revocation is served. |
| 3rd Offense | Indefinite license revocation — not eligible for reinstatement for 5 years. Class B felony (within 10 years) or class A misdemeanor (outside 10 years). Mandatory IID for 12-24 months following any reinstatement. Mandatory jail time and substance abuse treatment. |
| Refusal | Refusing a chemical test triggers a 180-day administrative license suspension for a first refusal (separate from any DWI criminal penalties). A second refusal within 10 years carries a 2-year suspension. Refusal is admissible as evidence in court and creates a rebuttable presumption of impairment. The refusal suspension runs consecutively (not concurrently) with any DWI conviction suspension. |
Ignition Interlock Device (IID) Requirements
New Hampshire requires IID installation on all registered vehicles of the offender during the conditional license period. The IID must be installed by an approved provider and must be maintained with regular calibration. For a first offense, IID is required to obtain a conditional license after the 45-day hard suspension. For aggravated DWI or repeat offenses, IID is required for 12-24 months following the revocation period. The judge may issue a restricted ignition interlock license during probation, allowing driving even while license is suspended, but only with IID.
SR-22 Insurance
SR-22 is a certificate of financial responsibility filed by your insurance company with the New Hampshire DMV confirming you carry at least the state minimum liability coverage ($25,000/$50,000 bodily injury, $25,000 property damage). This is notable because New Hampshire is one of the few states that does not require auto insurance for all drivers — however, DWI offenders are specifically required to maintain SR-22 coverage. If the SR-22 policy lapses, your license is automatically re-suspended.
Reinstatement Process
Fee: $100 reinstatement fee for DWI-related revocations | Timeline: Conditional license with IID available after 45 days (first offense). Full reinstatement after 9 months minimum (first offense with IDCMP compliance, reducible from 2 years). Second offense: 3 years. Third offense: minimum 5 years. IDCMP program typically takes several months to complete. Aggravated DWI: 18 months to 2 years revocation plus 12-24 months IID post-reinstatement.
Complete Court Requirements
Serve all court-ordered penalties including any mandatory fines ($500-$1,200 for first offense plus 24% penalty assessment), jail time (if applicable), community service, and other court-ordered conditions.
Complete IDCMP Program
Enroll in and complete the Impaired Driver Care Management Program (IDCMP) through the NH Department of Health and Human Services. This begins with an intake/screening ($176.80 for full-time NH residents), followed by a substance abuse evaluation ($286.00 if required), and the Impaired Driver Education Program ($416.00). Additional treatment may be required based on evaluation results.
Serve Hard Suspension Period
Complete the mandatory 45-day hard suspension period during which no driving is permitted. For aggravated DWI, the hard suspension period may be longer.
Install IID and Obtain Conditional License
Have an IID installed on ALL registered vehicles by an approved provider. Apply for a conditional license through the court or DMV. The conditional license allows driving only in IID-equipped vehicles to court-approved locations.
Obtain SR-22 Insurance
Purchase SR-22 insurance from a licensed insurer. The insurer files the SR-22 certificate with the NH DMV. Must maintain for 3 years without any lapse. Note: New Hampshire does not normally require auto insurance, but SR-22 is mandatory for DWI offenders.
Apply for Full Reinstatement
After completing the revocation period, IDCMP requirements, and all court-ordered conditions, pay the $100 reinstatement fee and apply at the NH DMV for full, unrestricted license reinstatement. For aggravated DWI, IID may be required for an additional 12-24 months post-reinstatement.
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | Class B misdemeanor: $500-$1,200 fine (plus 24% penalty assessment), 9-month to 2-year license revocation (reducible to 90 days with IDCMP), no mandatory jail for standard DWI. Aggravated DWI (BAC >= 0.16% or other factors): class A misdemeanor, 5 days to 1 year jail, $750-$2,000 fine, 18-month to 2-year revocation. |
| 2nd Offense | Class A misdemeanor (within 10 years): $750+ fine, 3-year license revocation. Within 2 years of first: mandatory 60-day jail sentence. Within 10 years: mandatory 17-day jail sentence. Mandatory IID for 12-24 months post-revocation. |
| 3rd Offense | Class B felony (within 10 years): mandatory jail time, indefinite license revocation (minimum 5 years before reinstatement eligible), mandatory IID for 12-24 months post-reinstatement, mandatory substance abuse treatment. Outside 10 years: class A misdemeanor with enhanced penalties. |
| Felony DUI | A third DWI within 10 years is a class B felony. Aggravated DWI causing serious bodily injury is a class B felony regardless of prior record. A fourth or subsequent DWI carries a minimum $750 fine, at least 30 days in jail, and indefinite license revocation (reinstatement possible after 7 years). All felony DWI convictions require mandatory substance abuse treatment and extended IID requirements. |
BAC limit: 0.08% for standard DWI; 0.04% for commercial vehicle operators; 0.02% for drivers under 21. BAC of 0.16% or higher (or other aggravating factors such as excessive speed, wrong-way driving, or a passenger under 16) triggers aggravated DWI charges with enhanced penalties including mandatory jail time and longer license revocation. | Lookback period: 10 years — New Hampshire counts prior DWI convictions within 10 years for determining enhanced penalties and offense level. A second DWI within 2 years triggers the harshest second-offense penalties (60-day mandatory jail). A third within 10 years is a class B felony. Fourth or subsequent: indefinite revocation with 7-year minimum before reinstatement.
Hardship / Restricted License
New Hampshire offers a conditional license (restricted ignition interlock license) during the DWI revocation period. After serving the 45-day hard suspension (first offense), the judge may issue a conditional license that allows driving only in vehicles equipped with an IID. The conditional license restricts driving to specific court-approved purposes. During sentencing, the judge is permitted to issue this restricted license during the probation period, allowing driving even while the license is technically suspended.
Edge Cases
What qualifies as 'aggravated DWI' in New Hampshire?
Aggravated DWI in New Hampshire is triggered by: BAC of 0.16% or higher, driving 30+ mph over the speed limit, causing a collision resulting in serious bodily injury, attempting to elude a law enforcement officer, or having a passenger under 16 years old. Aggravated DWI is a class A misdemeanor (vs. class B for standard) and carries mandatory 5 days to 1 year jail, $750-$2,000 fine, and 18-month to 2-year license revocation. Aggravated DWI causing serious bodily injury is a class B felony.
Does New Hampshire require auto insurance for all drivers?
No — New Hampshire is one of the only states that does not require all drivers to carry auto insurance. However, DWI offenders are specifically required to obtain and maintain SR-22 insurance (proof of financial responsibility) for 3 years following conviction. This is a notable exception to the general no-insurance-required rule. If the SR-22 lapses, the license is automatically re-suspended.
What is the IDCMP and how much does it cost?
The Impaired Driver Care Management Program (IDCMP) is a mandatory program administered by the NH Department of Health and Human Services. All DWI offenders must complete it. It includes: intake/screening ($176.80 for full-time NH residents), substance abuse evaluation ($286.00 if required), and the Impaired Driver Education Program ($416.00). Additional treatment (inpatient, outpatient, random testing, monitoring) may be required based on evaluation results. Total cost: $600-$900+ depending on required level of intervention.
What happens if my second DWI is within 2 years of the first?
If a second DWI occurs within 2 years of the first conviction, the penalties are significantly harsher than a second within 10 years: mandatory 60-day jail sentence (vs. 17 days for within 10 years), higher fines, and 3-year license revocation. This is one of the harshest repeat-offense windows in the country.
Frequently Asked Questions
- Do I have to go to jail for a first DWI in New Hampshire?
- No mandatory jail time for a standard first DWI offense (class B misdemeanor) in New Hampshire. Most first-time offenders receive fines, license revocation, and IDCMP requirements. However, if charged with aggravated DWI (BAC >= 0.16%, excessive speed, passenger under 16, etc.), there is a mandatory minimum of 5 days in jail.
- How much does a first DWI cost in total in New Hampshire?
- A first DWI in New Hampshire typically costs $4,000-$10,000+ total, including fines ($500-$1,200 plus 24% penalty assessment = $620-$1,488), reinstatement fee ($100), IDCMP costs ($600-$900+), IID costs ($1,000-$1,500/year), SR-22 insurance increase ($300-$800/year for 3 years), court costs ($200-$500), and attorney fees ($2,500-$7,000+).
- Can I reduce the 9-month revocation period?
- Yes. The 9-month minimum revocation can be reduced to as little as 90 days based on timely enrollment in and compliance with the IDCMP program, installation of IID, and other conditions set by the court. During the revocation period (after the 45-day hard suspension), you can drive with a conditional license and IID. Full reduction depends on the judge's discretion and your compliance.
- Is a second DWI a felony in New Hampshire?
- No. A second DWI within 10 years is a class A misdemeanor (upgraded from class B for first offense), though with significantly enhanced penalties including mandatory jail time (17-60 days depending on time since first conviction). A DWI becomes a class B felony on the third offense within 10 years.
- What happens to underage drivers with DWI in New Hampshire?
- Drivers under 21 face a lower BAC threshold of 0.02% (essentially zero tolerance). An underage DWI results in at least a 1-year license suspension. If the underage driver has a BAC of 0.08% or higher, they face the same criminal penalties as an adult DWI offender in addition to the underage-specific administrative suspension.
Video Guides
Take Action — Direct Links
- NH DMV — Driver License Revocation
New Hampshire Division of Motor Vehicles for license revocation information, reinstatement requirements, and IID program details.
- NH DOT — Impaired Driving Resources
New Hampshire Department of Transportation impaired driving information and safety resources.
- NCDD — New Hampshire DWI Laws
National College for DUI Defense comprehensive overview of New Hampshire DWI laws, penalties, and procedures.
- NH DHHS — IDCMP Program
New Hampshire Department of Health and Human Services for IDCMP enrollment, evaluation scheduling, and program requirements.