DWI Penalties

NH DWI Penalties - 2013 Revisions

On January 1, 2013 , the New Hampshire’s Legislature substantially changed the DWI laws. If you are charged with DWI or DUI in New Hampshire, you are facing a serious criminal offense that carries significant penalties. You need an experienced and trial-tested DWI lawyer to fight for you. NH DWI laws are complex, and the penalties are severe. If convicted of DWI in NH, you face a number of possible penalties, depending on the type of offense, as well as the existence of any past offenses.

Under the new 2013 New Hampshire DWI laws, the penalties for DWI or driving under the influence of drugs or alcohol are as follows:

First DWI Offense - Over 21 Years Old

  • Guilty of a class B misdemeanor;
  • Fined at least $500-$1200;
  • Driver's license, or privilege, revoked for at least 9 months, but not more than 2 years;
  • Impaired Driver Care Management Program (“IDCMP”): Substance abuse screening assessment within 14 days. Depending upon screening results, possible substance abuse disorder evaluation within 30 days, and follow all recommendations. Proof of successful completion of a State approved Impaired Driver Education Program, before your driver's license or privilege is reinstated;
  • Additional alcohol and/or drug counseling or treatment programs, as determined by the court;
  • 3-year requirement for SR-22 insurance certificate as proof of liability insurance; and
  • Installation of an Ignition Interlock Devise if required by the Court or DMV.

First DWI Offense - Under 21 Years Old

  • Minimum mandatory 1 year loss of license or driving privileges; and
  • Complete full Substance Abuse Disorder Evaluation and follow all recommendations.

Aggravated DWI offense

  • Guilty of a class A misdemeanor;
  • Fined at least $750-$2000;
  • Mandatory sentence of at least 17 days in the County House of Corrections with up to 12 of those days suspended;
  • Driver's license, or privilege, revoked for at least 18 months but no longer than 2 years, except for good cause found by the court; (Note: If conviction of Aggravated premised upon transporting someone under the age of 16 – mandatory loss for 2 years);
  • Full Substance Abuse Disorder Evaluation and follow all recommendations for aftercare and additional alcohol and/or drug counseling or treatment programs;
  • 3-year requirement of holding an SR-22 insurance certificate as proof of liability insurance; and
  • Install and maintain an Ignition Interlock Device for 1-2 years following restoration of your license.

Second or Subsequent DWI Offense

Includes all penalties above, as well as:

  • Guilty of a class A misdemeanor;
  • Fined at least $750-$2000;
  • Mandatory sentence of at least 17 days in the County House of Corrections with up to 12 of those days suspended; (Note: If subsequent DWI occurred within 2 years of prior DW, 60 days in jail with possible 30 suspended);
  • Driver's license, or privilege, revoked for 3 years;
  • Full Substance Abuse Disorder Evaluation within 30 days of Release to be completed within 60 days, and follow all recommendations for aftercare and additional alcohol and/or drug counseling or treatment programs;
  • 3 to 5 year requirement, after the date of eligibility for license restoration, of holding an SR-22 insurance certificate as proof of liability insurance; and
  • Installation of an Ignition Interlock Device.

Ensuring Fair Treatment Under the Law

New Hampshire courts take DWI charges very seriously and order the harshest penalties available for offenders who are found guilty. However, being guilty of DWI does not necessarily mean you deserve the penalties that go along with your conviction. The Manchester DUI Lawyers at Tenn And Tenn, P.A., are experienced New Hampshire DWI defense lawyers who can help protect your legal rights and build a strong defense on your behalf. To tell us more about your NH DWI case, call us today at 603-624-3700 or on our toll-free DWI helpline at 1-888-511-1010.

Sources:
http://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-a-mrg.htm;
http://www.nh.gov/safety/divisions/dmv/financial/faqinsurance.html

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