First Offense DWI in New Hampshire

In the Granite State, drivers caught operating a vehicle while impaired by either drugs or alcohol may be found guilty of Driving While Intoxicated (DWI). Although the term Driving Under the Influence(DUI) is also used, New Hampshire's statutes and laws usually use DWI to describe such offenses.

New Hampshire's laws set severe punishments for DWI offenses in the long and short term. The consequences of a New Hampshire DWI include fines, license suspensions, community service, compulsory attendance at state alcohol/drug awareness programs, and jail time. Such severe penalties for even first-time offenders show New Hampshire's determination to ensure public safety and reduce all DWI offenses.

What Qualifies as a First DWI in New Hampshire?

A first-time DWI in New Hampshire simply refers to a first-time violation of New Hampshire Revised Statutes Section 265-A, the Impaired Driving Statute. This law prohibits the operation of any motor vehicle while under the influence of alcohol, drugs, or other controlled substances.

An individual's Blood Alcohol Concentration Limit (BAC) determines if a driver is considered intoxicated and unfit to drive. The legal BAC limit varies by age and driver. The limit for minors under 21 in New Hampshire is a BAC of 0.02%, the limit for commercial drivers is 0.04%, while the general adult driver's limit is 0.08%.

Law enforcement uses observation for physical signs, plus field and chemical sobriety tests when judging a driver's status during a stop. Field tests include the Horizontal Gaze Nystagmus, one-leg stand, and walk-and-turn tests to confirm the driver's balance and coordination. The officer may also request blood, urine, and breath tests to measure/confirm the driver's BAC.

Possible Penalties for a First Offense DWI in New Hampshire

A DWI in New Hampshire is considered a misdemeanor carrying serious penalties. First-time DWI offenders in New Hampshire still face serious consequences if convicted, such as the following:

• Fines between $500 and $1200 plus a 24% penalty assessment. Administrative costs from the Department of Motor Vehicles and the court may also be included
• A license suspension of between 9 months and 2 years
• Completion of a mandatory Impaired Driver Intervention Program
• Substance abuse screening and assessments
• The court may also order the installation of an Ignition Interlock Device

Do You Lose Your License for a First DWI in New Hampshire?

In New Hampshire, a license suspension is automatic for first-time DWI offenders at arrest, not after a conviction. The suspension, generally called an administrative suspension, begins immediately after the driver's BAC exceeds the limit or the suspect refuses the roadside breathalyzer. If convicted, first-time DWI offenders will have their license suspended for between 9 months and 2 years.

First-time DWI offenders may qualify for a restricted Hardship License (Section 263:57-b). These licenses are only available for first-time DWI offenses that did not lead to injury or death and did not involve a commercial driver. They may apply after serving their court-appointed license suspension for 45 days. Hardship licenses are restricted licenses that allow them to drive for limited reasons, such as hospital appointments, school, and work.

What Is the Implied Consent Law in New Hampshire and How Does It Affect First DWI Cases?

The New Hampshire Implied Consent Law, detailed in RSA 265-A:4 of the New Hampshire Revised Statutes, states that any person operating a motor vehicle, boat, or off-road vehicle implicitly agrees to a chemical test (breath, blood, urine) to determine BAC or drug concentration when requested by law enforcement. Refusal to take these tests automatically leads to an administrative license suspension regardless of whether the driver is later convicted of a DWI.

Drivers in New Hampshire have 30 days from the arrest to request a hearing from the NH Department of Motor Vehicles (DMV) to challenge the suspension. The threat of losing the license reinforces DWI laws and ensures evidence is available for follow-up during cases.

Is an Ignition Interlock Device Required for a First DWI Offense in New Hampshire?

According to New Hampshire Revised Statutes Section 265-A:36, all first-time or repeat offenders must install an Ignition Interlock Device(IID) after a DWI conviction or license suspension resulting from DWI. This device prevents the car from starting unless the driver provides a breath sample within the legal BAC limit. The driver is responsible for any fees required for installing and maintaining the device on their vehicles, and costs from $3.50 per day. The device will remain on the vehicle for 12 to 24 months as ordered by the courts or the DMV. Only state-approved providers can install IIDs in New Hampshire.

Can a First DWI Be Dismissed or Reduced in New Hampshire?

New Hampshire law provides specific options for reduced charges when dealing with DWIs. A driver may have a first-time DWI offense reduced to a violation level called a "wet reckless" through negotiations or pleas. This is a lesser charge that admits alcohol involvement but carries lower penalties than a full DWI. The offender may be required to show evidence that their rights were violated, the tests were inaccurate, or the BAC was borderline. A lawyer can also file a motion with the court to reduce the DWI charge to a violation level.

Although no state programs automatically dismiss DWI offenses on completion, some deferred adjudication programs and pretrial diversion programs administered by Pretrial Services offer offenders a path to dismissal after they are completed.

Long-Term Consequences of a First DWI

A DWI in New Hampshire is typically considered a Class B misdemeanor, but it still has several long-term consequences. DWI offenses remain on a driver's criminal record for 10 years, and demerit points from the DWI stay on the driving record for 3 years. Offenders convicted of a DWI may also have problems obtaining employment in fields that require a clean driving record, background checks, or sensitive responsibilities, limiting their career opportunities. DWI convictions can also lead to issues with insurance and loans, such as significant premiums.

Do You Need a DWI Attorney in New Hampshire?

Although it is possible to represent yourself, hiring an experienced DWI attorney who can help with serious charges and increase your chances of a positive result is strongly recommended. An experienced lawyer can navigate the twists of DWI law, protect your rights, and potentially obtain lesser penalties or even have charges dismissed.