DUI in NHLike any state, New Hampshire imposes penalties and fines for offenders who drive while intoxicated (DWI) or drive under the influence (DUI). The information contained below is for information purposes only. Legislation, fines, and penalties can change at any time and without notice. At the time of writing this, June 6th, 2018, these NH fines and penalties are the most up-to-date to our knowledge. The information provided below should not be construed as a source for legal research.

First and foremost, if you are arrested for DWI in NH, you have the possibility of losing your legal advantages as soon as ten days from your arrest. This is why it is incredibly important to seek out legal representation as quickly as possible. Need help with a DWI arrest? Contact us today.


In New Hampshire, a DWI and a DUI are the same thing, meaning driving under the influence of drugs or alcohol. New Hampshire does not recognize any sort of lesser charge as “driving while ability impaired” as some states do. Your fines and penalties will be determined on which of four charges are brought against you. The charges are:

    • DWI
    • Aggravated DWI
    • Felony Aggravated DWI
  • DWI, subsequent offense

DWI Penalties in NH

If this is your first time being arrested for a DWI in NH, you can expect the following penalties:

Revocation of License: Yes, at minimum 6 months with a possible maximum of 2 ½ years
Fines: Yes, $500 to $1,200
Jail time: No.

Your second offense changes to the following DWI penalties in NH:

Revocation of License: Yes, 3 years minimum.
Fines: Yes, $750 minimum, $2,000 maximum
Jail time: Yes, 30 days minimum, 1 year maximum

Your third DWI arrest can accrue the following penalties in NH:

Revocation of License: Yes, indefinitely.
Fines: Yes, $750 minimum, $2,000 maximum
Jail time: Yes, 180 days minimum, 1 year maximum

Your DWI penalties in NH can change if you are charged with aggravated DWI instead, which can include the following parameters:

    • Driving 30 MPH or more over the speed limit
    • Causing a collision that results in serious injury
    • Attempting to elude a police officer
    • A passenger 16 years or under was present
  • A blood alcohol level of .16 or more was present

Refusing a Breathalyzer

If you refuse a breathalyzer test, your penalties may be the following and these penalties may be added on to any court ordered license loss from a DWI conviction depending if you took or refused the breath or blood test requested by the police:

1st offense: 180 license suspension
2nd offense: 2 year license suspension
3rd offense: 2 year license suspension

DWI penalties in NH can change based on the charge brought forth against you, your age, and if you have had any other DWI offenses or DWI arrests prior. For precise legal advice based on your individual needs and unique case, please contact us today.

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