Note: All DWI Penalties do not include any loss of license for refusing a test or giving a test over the legal limit. That loss of license (6 months or 2 years) can run in addition to any license loss after being found guilty of the criminal offense.
The following is an overview of the different types of penalties for various types of driving while intoxicated (DWI) charges in New Hampshire. All DWI convictions have mandatory penalties. They are include a loss of license. If you are found guilty of DWI, or plea to DWI, you will lose your license. There is no hardship license or work license. No matter what the reason is, the judge must order a loss of license. Further, if you drive while under suspension for DWI there is mandatory jail time, an additional 1 year loss of license, and requirement for an interlock device on your vehicle.
The penalties for DWI are only if you are convicted of that offense. An arrest is not a conviction. I have had many cases reduced, or result in a not guilty verdict after trial. Please note, each case is different. DWI cases are very difficult, especially without hiring an expert witness. It is extremely important to be very thorough in investigating a case, as well as knowing the law and statutes as they relate to DUI.
Class B Misdemeanor, Fine not less than $620. Mandatory Minimum loss of license 9 months, up to 2 years. It can be reduced to 90 days under certain conditions. IDCMP alcohol evaluation & following all recommendations & IDEP alcohol programs must be completed before you get your license back. IDEP program is 20 hours. Assuming you do not require additional counseling, the costs of these programs are around $800. DWI is a Major violation toward Habitual Offender law. If driver is under 21 minimum one year loss of license. All drivers will need SR-22 insurance for 3 years.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 and penalty assessment. Mandatory Minimum loss of license 18 months, up to 2 years. 6 months can be suspended with Judge's discretion.
Mandatory Jail time Minimum 17 days in jail up to a year in jail (12 days of the jail can be suspended/not imposed, but you must serve at least 5 days in jail).
IDCMP alcohol evaluation & following all recommendations & IDEP alochol programs must be completed before you get your license back.
If Aggravated DWI is for causing serious bodily injury then it is a felony. Mandatory 14 days in jail up to 3 and half years - 7 years in prison. Fine $1000-$4000. Plus other conditions of aggravated DWI.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 plus penalty assessment.
Loss of License: At least 3 years.
If previous DWI was within 2 years then Mandatory Jail time Minimum 30 days in jail up to a year in jail (an additional 30 days jail is suspended upon prompt completion of the IDCMP).
If previous DWI was between 2 years and 10 years then Mandatory Jail time Minimum 5 days in jail up to a year in jail.
IDCMP alcohol evaluation & following all recommendations & IDEP alcohol programs must be completed before you get your license back. Major violation toward Habitual Offender law. Need SR-22 insurance. Interlock device 1-2 years.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 plus penalty assessment.
Loss of license indefinate. May petition for reinstatement after 5 years.
Mandatory Jail time Minimum 30 days in jail up to a year in jail up to a year. Minimum 6 months suspended jail time.
IDCMP alcohol evaluation & following all recommendations & IDEP alcohol programs must be completed before you get your license back. Interlock device required. SR 22 insurance required.
See RSA 265-A:18 for more details.
Class B Felony, Fine not less than $750 plus penalty assessment.
Loss of License: Indefinite. May petition for reinstatement after 7 years.
Mandatory Jail time Minimum 30 days in jail up to 7 years in jail.
IDCMP alcohol evaluation & following all recommendations & IDEP alcohol programs must be completed before you get your license back. Interlock device required.SR 22 insurance required.
See RSA 265-A:18 for more details.
Refusing a breath test or providing a sample over the legal limit
For a first offense 6 months loss of license. For a second offense 2 years loss of license. It runs in addition to any criminal sentence.
If you refused a breath test and have previously been convicted of DWI you will lose your license for 2 years for the refusal alone, which runs in addition to any criminal sentence.
5. Sentencing & Other Collateral Consequences of a Drunk Driving Conviction
5.1 Overview
Besides the often mandatory penalties that are included with DWI convictions (See previous chapter for details), there are often other collateral or potential consequences associated with DWI.
If the driver is found guilty of DWI, the sentence shall be imposed within 35 days[1]. The driver must do a few other things before the DMV will re-instate the license, which include: paying a $100 restoration fee, having an SR-22 insurance certificate on file, and paying all fines[2].
5.1.1 Driver Intervention Program
If, on a standard first offense, the Court decides to allow the driver to have early reinstatement of up to 6 months (or longer as some Judges issue an order that is not technically allowed by the statute), the relevant driver intervention program must be “entered” into within 45 days of date of conviction (the program does not have to be completed within the 45 days)[3].
The same 6 month early re-instatement is also available with “good cause found by the court noted in writing” for aggravated DWI[4].
The driver must successfully complete the required alcohol program before the DMV will re-instate the driver’s license[5].
5.1.2 Aftercare
At the end of the alcohol program, the person will complete an exit interview. In certain cases, the alcohol program will want “aftercare.” This may be any form of additional treatment. It usually includes a LADAC evaluation/counseling or AA meetings.
The relevant programs tend to use a mathematical formula to decide who needs further treatment. The three main things most likely to require further treatment are a previous DWI, a high BAC (.16), or if the program feels the driver is lying/has an alcohol problem.
If the program recommends further action, the driver is entitled to a “red flag” hearing at the DMV to dispute the additional requirements[6]. The request must be made within 20 days of the notification by the DMV, and the burden is on the intervention program to show the client has not successfully completed the program[7].
5.2 Out of State Drivers
If an out of state driver is convicted of DWI, New Hampshire will suspend the driver’s privilege to drive in New Hampshire. New Hampshire participates in a Driver License Compact[8]. As part of this compact, New Hampshire will typically forward a conviction of the DWI to the Home State (However, sometimes the bureaucracy fails). Once the State of the originating driver learns of the conviction, the originating State typically reciprocates by suspending the driver license for the period of suspension that would occur had the DWI taken place in the Home State.
5.3 Drivers Under 21
If a driver under 21 is convicted of DWI, besides the license loss of at least one year, the driver will not be eligible for re-issuance of a license prior to the age of 21 unless the person satisfies the director after an administrative hearing that the person will drive in a safe manner if the license is issued. The director may place such restrictions on any license so issued as the director deems in the best interest of public safety[9].
5.4 Travel to Foreign Countries
A conviction for DWIresults in a criminal record. Some countries will not permit the driver to enter the country. Being neighbors to Canada, one should be somewhat familiar with the possible consequences.
The general rule for Canada, is that an “indictable offense”, as defined by the Canadian Code, can prohibit entry as an excludable offense[10]. DWI is an indictable offense[11].
One can be rehabilitated to gain entry, generally,once5 years pass and there are no other indictable offenses[12].
5.5 Immigration Consequences
If the DWI charge is a Felony, or punishable by at least one year in jail, the client can have immigration consequences that include being deported. This category would include all aggravated DWIs and subsequent DWIs, but exclude all standard first offense DWI.
5.6 Commercial Driver’s License (CDL)
A driver will lose his CDL for at least one year upon a DWI conviction, or ALS suspension regarding the implied consent statute[14]. The BAC limit in New Hampshire for a CDL is .04[15].
If the driver was transporting hazardous materials at the time, the license loss will be at least 3 years[16]. For a second offense, there will be a lifetime loss of the driver’s CDL, but the driver may apply for reinstatement after 10 years[17].
It does not matter if the driver was in a vehicle requiring a CDL at the time of driving, only that the driver had a CDL.
5.7 Loss of Boating Privileges
Any person who is convicted of a violation of RSA 265-A:2, involving a motor vehicle shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction[18].
5.8 Possible Pilot License Consequences
Anyone who holds a pilot’s license must notify the FAA of an ALS suspension or DWI conviction within 60 days[19]. Failure to report can result in an investigation action against the certification.
5.9 Demerit Points Suspension
A DWI conviction counts as 6 points on a license. A certain number of points within a certain time can result in license suspension.
Saf-C 212.02 Assessment of Points: Suspensions.
(a) Any person under 18 years of age who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04 shall be subject to the following suspension period:
(1) For 6 demerit points in one calendar year, up to 3 months;
(2) For 12 demerit points in 2 consecutive calendar years, up to 6 months;
(3) For 18 demerit points in 3 consecutive calendar years, up to one year.
(b) Any person 18 to under 21 years of age who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04, shall be subject to the following suspension period:
(1) For 9 demerit points in one calendar year, up to 3 months;
(2) For 15 demerit points in 2 consecutive calendar years, up to 6 months;
(3) For 21 demerit points in 3 consecutive calendar years, up to one year.
(c) Any person 21 years of age or older who accumulates the number of demerit points specified below, in accordance with Saf-C 212.04 shall be subject to the suspension period specified:
(1) For 12 demerit points in one calendar year, up to 3 months;
(2) For 18 demerit points in 2 consecutive calendar years, up to 6 months;
(3) For 24 demerit points in 3 consecutive calendar years, up to one year.
(d) For the purpose of assessing the points as specified in Saf-C 212.03, the violation date, not the conviction date, shall be used to determine whether the appropriate number of points have been obtained within a particular calendar year.
(e) When 2 or more convictions result from a single incident, the commissioner shall assess points for one offense only, if the offenses are assigned different demerit points, the offense having the greater point value shall be used.
(f) Any person convicted under the laws of another state, of any violation which would have constituted a violation specified in Saf-C 212.03 if committed in New Hampshire, shall be assessed the number of points specified in that section.
See Penalties for some of the mandatory penalties for a dwi conviction.
Besides mandatory fines, mandatory loss of license, and possible jail time, a DWI conviction can have other serious collateral consequences. These consequences include: a criminal record, to increased insurance, to a "drunk driving" program with possible follow-up for counseling, to a possible interlock device on your car (requires you to blow into the machine to operate the car), to possibly losing your job.
If you are convicted of DWI, you will now:
Have a criminal record. In New Hampshire, DWIs are either a misdemeanor, or felony.
Be required to carry SR-22 insurance. This will raise the cost of your insurance. Further, in NH, car insurance is normally optional. If you are convicted it is now mandatory.
Be required to complete a 20 hour drunk driving program, or a more intensive multiple offender program. If you are considered an at risk driver and get red flagged, you will be required to do aftercare before the DMV will re-instate your license.
Possibly need an interlock device. A DWI conviction has the possibility, which is mandatory in certain cases, of an interlock device. This is the machine you must have installed in your car and blow into before you can drive it. This machine has costs associated with.
What is an Interlock Device?
An Interlock device is an instrument you must blow into in order to start your car, and while driving, to determine that you do not have alcohol in your system. Most States set the cut-off failure at .020 or .025.
An Interlock is required if you have been found guilty of Aggravated DWI, or Subsequent offense DWI. In other cases, it is discretionary. In some cases, it may be volunteered in order to get the prosecutor to reduce the charge.
It will be required for 1-2 years. You need it on any vehicle you own or operate. The DMV will not give you your license back until you have it installed.
It works similar to a portable breath test. The newer models are more specific to alcohol, and supposedly have less false positives. However, if you have alcohol on your breath from things other than drinking, such as mouthwash, this will trigger the machine and you can be locked out. Failures are typically reported.
The cost to install it is around $100. The monthly cost to rent it is around $75 per month. Every so often you must have the vehicle inspected where the data is downloaded.
Be at risk of losing your job. Many employers will take action against you for a DWI conviction. The main categories of people who are at an increased risk are: teachers, police, fireman, other governmental employees, and anyone who drives for a living.
The only sure way to avoid these consequences is to not be found guilty of a DWI. Otherwise, the next best approach is to have an experienced lawyer negotiate with the State to work on minimizing the consequences of a conviction.
[1] N.H. RSA 265-A:18(VIII)
[2]Saf-C 205.04(a)
[3] N.H. RSA 265-A:18(I)(a)(4)
[4] N.H. RSA 265-A:18(I)(1(c)
[5]Saf-C 205.04(a)(6) &Saf-C 205.04(a)(7) & N.H. RSA 265-A:42
[6] N.H. RSA 265-A:42(V)(b)
[7]Id.
[8] N.H. RSA 263:77 See also Saf-C 204.07
[9] N.H. RSA 263:14(V)
[10] Please note I am not license to practice in Canada, and therefore any advice related to Canada is not legal advice, and should not be relied on, and should be confirmed for any accuracy or inaccuracies.
[11]http://laws-lois.justice.gc.ca/eng/acts/C-46/
[12]http://www.canadainternational.gc.ca/seattle/imm/inadmissible-interdiction.aspx?lang=eng&menu_id=63
[13]Padilla v. Kentucky, 130 S. Ct. 1473 (2010)
[14] N.H. RSA 264:94
[15] N.H. RSA 265-A:23
[16] N.H. RSA 264:94(II)
[17] N.H. RSA 264:94(III)
[18] N.H. RSA 265-A:20
[19] 14 C.F.R. 61.15
The Following is taken from my DWI book and are the penalties prior to January 1, 2013:
4. New Hampshire DWI
Penalties
New Hampshire has serious penalties for all DWI
convictions. If you are found guilty, you will be subjected
to mandatory fines, mandatory license loss, have a criminal
record, and be subject to mandatory jail time for a
subsequent offense or for aggravated DWI.
Standard First Offense DWI
Class B Misdemeanor
Fine: at least $620.
Loss of License 9 months, up to 2 years. (In certain
circumstances the Court can reduce six months of the
license loss if you enroll in an IDIP program within 45 days
of conviction). Minimum 1 year license loss if you are
under 21 at the time of offense.
20 Hour Impaired Driver Intervention Program (IDIP). The
cost is around $500. It must be completed before license is
returned, as well as any recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
27
Aggravated DWI (all offenses except serious bodily
injury)
Class A Misdemeanor.
Fine: at least $930.
Loss of License 18 months, up to 2 years. (In certain
circumstances the Court can reduce six months of the
license loss if you enroll in the MOP program within 45
days of conviction).
Mandatory Jail time 3 days, up to 1 year in jail.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
If Aggravated DWI is for causing serious bodily injury then
it is a felony which includes mandatory 14 days in jail up to
3 and half years - 7 years in prison. Fine $1000-$4000. Plus
other conditions of aggravated DWI.
Interlock Device required for 1-2 years upon license
reinstatement.
28
Second Offense DWI (When first offense was within 10
years of date of second offense)
Class A Misdemeanor
Fine: at least $930.
Loss of License 3+ years.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license
restoration.
Second offense with First Offense within 2 Years of Date
of Conviction for First Offense
Class A Misdemeanor
Fine: At least $930.
Mandatory Jail time 30 days, up to 1 year in jail.
7 Day Straight Multiple Offender Program (MOP). It must
be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license
restoration.
29
Interlock Device required for 1-2 years upon license
reinstatement.
Third Offense DWI
Class A Misdemeanor
Fine: at least $930.
Loss of License Indefinite – May be reinstated after 5 years
for good cause.
Mandatory Jail time of not less than 180 consecutive days
of which 30 consecutive 24-hour periods shall be served in
the county correctional facility following which the person
shall complete at the person's own expense a residential
treatment program of at least 28 days duration or an
intensive course of substance abuse treatment based upon a
formal evaluation by a licensed alcohol and other drug
counselor and approved by the department of health and
human services before the driver's license may be restored.
The remainder of the sentence may be deferred for a period
of up to 2 years. 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.
28 Day Straight Residential Treatment Program (MOP). It
must be completed before license is returned, as well as any
recommendation by the program.
Major violation toward Habitual Offender law.
30
SR-22 insurance for three years from date of license
restoration.
Interlock Device required for 1-2 years upon license
reinstatement.
Fourth Offense or More DWI
Same Penalties as Third offense, except it is a Felony
(which carries up to 7 years in prison), and you may only
petition for a return of license after 7 years.
SR-22 Insurance
If you are found guilty of DWI you will be required to
obtain SR-22 insurance prior to getting your license back.
You will need this special insurance for 3 years from the
date of conviction for a first offense24, or 3 years from the
date of restoration eligibility for a subsequent offense25.
Probationary Status
You will be on probationary status for 3 years26. While on
probation, you cannot drive with a BAC at or above .0327,
or you will be subject to a license suspension28.
24 Saf-C 207.12(a)
25 Saf-C 207.12(c)
26 Saf-C 204.03(d)
31
Alcohol Treatment Program
The length of the alcohol program depends on the type of
DWI. It is a 20 hour program for a first offense29, a 7 day
Multiple Offender program for second offense (or if client
previously completed the 20 hour IDIP30) or aggravated
DWI31, and a 28 day program for a third offense32. The
cost for these programs is around $500 for the 20 hour one,
$1500 for the 7 day program, and more for the 28 day one.
Alcohol Ignition Interlock Device
An interlock device is a machine the driver has to blow into
in order to start the car, and occasionally while driving. If
you are found guilty of aggravated DWI, or subsequent
offense DWI, or operating after suspension of DWI, an
interlock device is required for 1-2 years once the license is
returned33. An interlock is optional in other circumstances,
such as a driver under 21.
27 Saf-C 204.03(f)
28 Saf-C 204.03(g)
29 N.H. RSA 265-A:18(I)(c)
30 N.H. RSA 265-A:18(I)(c)
31 N.H. RSA 265-A:18(IV)(a)
32 N.H. RSA 265-A:18(IV)(b)
33 N.H. RSA 265-A:36
32
Major Offense toward Habitual Offender
DWI is a Major violation toward the Habitual Offender
Law34. If you are certified as a Habitual Offender, you will
lose your license for 1-4 years.
Operating after Suspension
If you drive while your license is suspended for DWI you
will be charged with a Class A misdemeanor. If convicted,
you will be sent to jail for a minimum of 7 days, have an
additional year license loss, and be required to have an
interlock device installed in your car once you are eligible
to obtain your license again.
Collateral Offenses
Besides the often mandatory penalties that are included
with DWI convictions, there are often other collateral or
potential consequences.
Out of State drivers
If you have a driver’s license from another State, New
Hampshire will suspend your privilege to drive in New
Hampshire. New Hampshire participates in a Driver
License Compact35. As part of this compact, New
34 N.H. RSA 259:39(I)(k) & N.H. RSA 259:39(I)l)
35 N.H. RSA 263:77 See also Saf-C 204.07
33
Hampshire will forward a conviction of a DWI to the Home
State. Once your home State learns of the conviction, they
will usually reciprocate, and suspend your driver’s license
for the period of suspension that would occur had the DWI
taken place in the Home State. Your home State will often
include other conditions as they would have occurred as if
the DWI happened in that State. It is important to consult
with a lawyer who is licensed in the State where your
license was issued to fully understand the potential
consequences of being found guilty of DWI.
Drivers Under 21
If you are under 21 and convicted of DWI, besides the
license loss of at least one year, you shall not be eligible for
re issuance of a license prior to the age of 21 unless you
satisfy the director after an administrative hearing that you
will drive in a safe manner if the license is issued. The
director may place such restrictions on any license so
issued as the director deems in the best interest of public
safety36.
Travel to Foreign Countries
If you are convicted of DWI you will have a criminal
record. Some countries will not permit the driver from
entering the country.
36 N.H. RSA 263:14(V)
34
If you want to travel to Canada, the general rule for
Canada, is that an “indictable offense”, as defined by the
Canadian Code, can prohibit entry as an excludable
offense37. DWI is an indictable offense38.
So, typically, you will not be able to travel to Canada
unless you are “rehabilitated”. You may want to talk with a
Canadian Consulate to determine your eligibility.
Immigration Consequences
If the DWI charge is a Felony, or punishable by one year in
jail, there can be immigration consequences that include
being deported. This category would include all
aggravated DWIs and subsequent DWIs, but exclude all
standard first offense DWIs.
However, if you are seeking to become a citizen, a criminal
record can have negative consequences. It is best to speak
with a lawyer who deals with immigration issues to
determine any possible consequences of a DWI on your
record.
Commercial Driver’s License (CDL)
37 Please note I am not license to practice in Canada, and therefore
any advice related to Canada is not legal advice, and should not be
relied on, and should be confirmed for any accuracy or inaccuracies.
38 http://laws-lois.justice.gc.ca/eng/acts/C-46/
35
If you have a CDL, you will lose your CDL for at least one
year upon a DWI conviction, or an ALS suspension
regarding the implied consent statute39. The BAC limit in
New Hampshire for a CDL is .0440.
If you were transporting hazardous materials at the time,
the license loss will be at least 3 years41. For a second
offense, there will be a lifetime loss of CDL, but you may
apply for reinstatement after 10 years42.
It does not matter if you were in a vehicle requiring a CDL
at the time of driving, only that you had a CDL.
Loss of Boating Privileges
If you are convicted of DWI, you will lose the privilege to
operate a motorboat for a period of one year from the date
of conviction43.
Possible Pilot License Consequences
Anyone who holds a pilot’s license must notify the FAA of
an ALS suspension or DWI conviction within 60 days44.
Failure to report can result in an investigation and
certificate action.
Demeit Points Suspension
A DWI conviction counts as 6 points on a license. A certain
number of points within a certain time can result in license
suspension.