How to Get Your License Back After a DWI in New Hampshire

DWIs are traffic-related offenses in which a driver operates a vehicle while under the influence of intoxicating substances. In New Hampshire, DWI offenders may face harsh penalties and conditions, including a jail term or a revocation of their driver's license. The New Hampshire Division of Motor Vehicles is responsible for revoking the licenses of convicted offenders.

Step 1: Know the Terms of Your Suspension

DWI offenders in New Hampshire will lose their driver's license for a set time frame. The court or the DMV is responsible for determining the duration of the license suspension. These entities typically consider the offender's age, vehicle type, and number of past DWI convictions. First-time offenders generally get shorter suspensions, while repeat offenders get longer ones. The offender's refusal to take a chemical test determines the suspension duration.

Per Section 265-A:18, convicted DWI offenders will lose their license for a period between 9 months and two years. The law also empowers the court to reduce the suspension by six months. In such cases, the offender must have completed the court-mandated program within a set timeframe.

Step 2: Fulfill Court and DMV Requirements

The New Hampshire courts and the Division of Motor Vehicles impose the following penalties and conditions on DWI offenders:

• Fines
• Jail term
  License suspension
• Court-mandated DWI programs
• Community service.

The DMV may immediately impose an administrative suspension if you refuse the chemical test or your BAC is 0.08 or more. You can, however, request a hearing to reduce or avoid the suspension. The agency may review your case and the arrest report before deciding.

On the other hand, the court will impose criminal penalties only when it finds you guilty of the offense. The court may order the offender to pay fines, complete a specific program, or serve time in a correctional facility. In addition, the court will direct the DMV to suspend your license for a particular timeframe.

Note: Court-imposed suspensions are not the same as DMV suspensions. DMV suspensions are independent of the court's actions or decisions. This means you can still lose your driver's license even if the court passes a not-guilty verdict.

Step 3: Complete a DWI Education or Treatment Program

Under New Hampshire laws, offenders must complete the Impaired Driver Care Management Program (IDCMP). The state's Department of Health and Human Services regulates the program and issues licenses to eligible third-party providers. These providers are responsible for screening prospective applicants and designing programs to fit the offender's case.

RSA 265-A:40, IDCMP providers must not charge beyond the following fees:

• $100 for the intake and screening fee.
• $275 for substance use disorder valuation (valid for six months).
• $80 monthly fee for case management services.
• $400 for all course materials.
• $650 for accommodation and course materials.

The duration of IDCMP programs may vary based on factors such as the BAC level, previous convictions, and circumstances surrounding the DWI arrest.

To enroll in an IDCMP program, you must locate the nearest program provider via the DHHS's online list. Next, present valid documents like the court referral and identification card to the preferred provider. Note that the program will charge fees based on your unique circumstances.

Step 4: Get SR-22 Insurance or Equivalent

The New Hampshire Department of Motor Vehicles notifies DWI offenders in writing if they need to obtain an SR-22 document. The document proves that the bearer meets the minimum auto liability coverage.

DWI offenders generally need SR-22 documents to reinstate their driver's license or obtain a restricted one. To get an SR-22, you must contact a licensed insurance carrier in the state. The carrier may provide access to an "Operator" or "Owner" SR-22 document. An "Owner" certificate allows you to register and operate a vehicle, while the "Operator" lets you operate a vehicle.

The cost of obtaining an SR-22 certificate may differ based on the insurance carriers. In addition to this, offenders must maintain the document for three years after the court or administrative decision.

Step 5: Pay Reinstatement Fees

DWI offenders in New Hampshire must pay specific fees to reinstate their driver's license. For example, the DMV charges $100 to reinstate your license after the suspension expires. There are also additional costs that may arise as a result of bounced checks or failure to respond to summonses. Case in point: you pay a $50 fine if you refuse to honor the court or DMV summons.

There are multiple options for paying reinstatement fees in New Hampshire. You may pay a reinstatement fee by providing your credit card number via a call to (800) 272-0036. Alternatively, you can drop off the payment by following these steps:

1. Write a check or money order that covers the required fees. The check or money order must be payable to the "State of NH-DMV".
2. Attach a letter that contains your name, birthdate, and the payment purpose.
3. Put the check and letter in an envelope and drop it in dropboxes at DMV facilities.

Step 6: Submit Your License Reinstatement Application

In New Hampshire, DWI offenders can reinstate their driver's license by submitting an application to the DMV. Applicants must follow these steps when applying for reinstatement:

1. Determine if you meet the requirements for reinstating a driver's license. The requirements typically include the following:
   1. Proof of financial responsibility.
   2. Certificate of completion for a court-mandated DWI program
   3. Proof of ignition interlock device installation.
2. Create a request letter that contains your personal information, driver's license number, and other required data. You may call the agency to find out the required information.
3. Pay the reinstatement fee to the DMV. The agency accepts online or offline payments.
4. Apply for license reinstatement by sending an application in person, via mail, or via dropbox at:
   NH Department of Safety
   Division of Motor Vehicles
   23 Hazen Drive
   Concord, NH 03305
   Phone: (603) 227-4000

You may schedule an appointment before applying in person. The agency may give priority to applicants who have booked an appointment.

What If You're Denied License Reinstatement in New Hampshire?

After the DMV denies a license reinstatement, DWI offenders must appeal to the superior court in their county of residence. The appeal must be filed within 30 days of receiving the agency's decision. Upon receiving the appeal, the court may set up a hearing to review the case and determine whether to uphold the agency's decision.

If suspended for refusing to take the chemical test, you must make an appeal to the superior court in the county where the arrest occurred.

The New Hampshire Division of Motor Vehicles may deny requests for license reinstatement if:

• The offender did not fulfill court-mandated programs and fines.
• The offender violated the terms of the license suspension.

Hardship Licenses: Driving with Limited Privileges

In New Hampshire, you can apply for and obtain a restricted license during a driver's license suspension. The license enables offenders to drive to specific, court-approved locations. To apply for a restricted driver's license, you must first fulfill these criteria:

• You were not convicted of an aggressive DWI.
• You have obtained an SR-22 document.
• The court approved your petition.
• You have served at least 45 days of the court-imposed suspension.
• You were not arrested for a DWI offense during the suspension.

Eligible applicants must file a petition for a restricted driver's license with a court of competent jurisdiction. The court will set a hearing date to determine if the applicant is eligible to apply. After the hearing, the court will issue an order to the DMV.

How Long Does It Take to Get Your License Back After a DWI?

In New Hampshire, you can apply to reinstate a driver's license when the suspension ends. The offense type and number of previous convictions will determine how long it takes to reinstate a license. For instance, first-time offenders can reinstate their license after the nine-month suspension ends.