New Hampshire is among the top 10 states with the highest rates of drunk driving arrests. Yet driving while intoxicated or under the influence of drugs is a grave offense in New Hampshire, with harsh penalties that become increasingly severe with each subsequent conviction. The state enforces mandatory penalties for first, second, and third Driving While Intoxicated (DWI) offenses.
If you’re arrested for a DWI in New Hampshire, contact the New Hampshire lawyers at Tenn And Tenn, P.A., as soon as possible. Call us today at 888-332-5855 or contact us online for a free consultation. We assist clients throughout New Hampshire, from Lancaster to Manchester.
What is a DWI?
In New Hampshire, a DWI occurs when you are driving or attempting to drive under the influence of alcohol or drugs. You can face a DWI conviction if caught behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are a commercial driver or under age 21, the legal BAC limit is 0.02 percent.
First Offense DWI
A first-time DWI offense in New Hampshire is a Class B misdemeanor with substantial penalties. Offenders face fines ranging from $500 to $1,200, plus a 20 percent penalty assessment. In addition, there is a mandatory license revocation for a minimum of nine months, which can extend up to two years.
You must also complete screening in an Impaired Driver Care Management Program” (IDCMP) within 14 days of your conviction. Depending on the results, you may be required to complete additional counseling or treatment. If you comply with all alcohol and drug screenings, evaluation, and recovery plans, you can petition the court for a reduction of your license suspension to as few as 90 days. However, if you are under 21, your license will be suspended for a minimum of a year.
All convicted DWI offenders must complete a 20-hour state-approved Impaired Driver Education Program (IDEP). This program educates participants about the risks and consequences of impaired driving and provides advice for safer driving.
Aggravated DWI
Certain aggravating factors can increase the severity of a DWI offense in New Hampshire, even if it’s your first offense. Aggravating circumstances include driving at excessive speeds of 30 miles per hour or more over the speed limit, attempting to evade law enforcement, or transporting passengers under 16. You may face aggravated DWI charges when any of these factors are present.
The penalties for a first aggravated DWI offense are significantly harsher, including fines ranging from $750 to $2,000, a mandatory minimum jail sentence of at least five days, and a license suspension lasting between 18 months and two years. In addition, you’ll have to complete the IDCMP and IDEP.
Second Offense DWI
If you have a second DWI offense in New Hampshire within ten years of the first, the offense will be classified as a Class A misdemeanor, and the penalties are significantly harsher. Offenders face a minimum fine of $750, plus a 24 percent penalty assessment and a license suspension for up to three years.
Jail time is also mandatory. If the second offense occurs within two years of the first conviction, expect a minimum jail term of 60 days. However, 30 days may be suspended if you comply with evaluation and treatment requirements. If the second offense occurred more than two years after the first conviction, you face a minimum of 17 days in jail, with up to 12 days of possible suspension. After serving the mandatory jail sentence, you must schedule a substance abuse evaluation with the IDCMP within 30 days and complete the substance disorder evaluation within 60 days.
After your license is reinstated, you’ll also be required to install an Ignition Interlock Device (IID) on your vehicle for one to two years.
Third Offense DWI
A third DWI offense within ten years of the first is still a Class A misdemeanor but carries even more severe penalties. As with the second offense, you would face a minimum fine of $750, plus a 24 percent penalty assessment– but indefinite license revocation. Jail time is also mandatory, with a minimum sentence of 180 days and up to 150 days of potential suspension. After license reinstatement, you must install an IID on your vehicle for up to two years.
Felony DWI
While most DWI offenses in New Hampshire are classified as misdemeanors, certain circumstances can elevate them to felony status, including receiving a fourth (or more) DWI conviction. The penalties for felony DWI include fines of up to $10,000, imprisonment for up to 10 years, and indefinite license revocation. You may also face a felony DWI if you cause serious injury or death while driving under the influence. In these cases, you may face an aggravated DWI or negligent homicide charge, both of which carry lengthy prison sentences and prolonged license revocation.
A New Hampshire DWI Attorney Can Help
If you’ve been arrested for DWI in New Hampshire, speak with the experienced New Hampshire DUI lawyers of Tenn And Tenn, P.A. as soon as possible. We have helped countless New Hampshire residents fight or negotiate down DWI charges. We represent clients throughout the state, including Derry, Lebanon, Portsmouth, and beyond. Contact us today at 888-332-5855 or online to discuss your case and help you build a strong legal strategy.