After a DWI Arrest in New Hampshire

New Hampshire DWI Lawyers

Reviewed for current New Hampshire law in September 2026.

Being arrested for DWI in New Hampshire can be confusing and overwhelming. The criminal charge may be based on alleged impairment, an alcohol concentration at or above the statutory limit, or another theory allowed by law. An arrest is not a conviction, and the prosecution still must prove every required element. Early advice from an experienced DWI defense lawyer can help a person understand the charge, preserve evidence, and avoid missing a separate licensing deadline.

What to Expect After a New Hampshire DWI Arrest

A DWI arrest can start two different proceedings: a criminal case in court and an administrative license process through the New Hampshire Department of Safety, Division of Motor Vehicles. They involve different issues and deadlines. Test administration, officer observations, video, field sobriety exercises, laboratory records, and compliance with required procedures may all need review. A problem with a test or certification can affect whether evidence is admitted or how much weight it receives, but it does not automatically make an arrest “void.”

For a first conviction under RSA 265-A:2, I, the current statute includes:

• A class B misdemeanor;
• A fine of at least $500;
• Screening and other requirements through an impaired-driver care management program;
• Completion of an approved impaired-driver education program and a qualified online victim-impact panel unless the court finds exceptional circumstances; and
• A driver’s-license revocation of at least nine months and up to two years, subject to the statute’s provisions.

Aggravated DWI, prior offenses, and other circumstances carry different and often more serious consequences. See the current text of RSA 265-A:18 and consult a lawyer about the facts of a particular case.

Having your driver’s license suspended can have an adverse impact on your daily life and make it difficult for you to earn a living. You may challenge the DMV-ordered administrative license suspension (ALS), but only by fulfilling certain requirements.