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New Hampshire DUI Information

"Per Se" BAC Level: 0.8
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.16
"Implied Consent" Law: yes

Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :6m/ 3y/ 5y
Mandatory Alcohol Education and Treatment/Assessment: Both
Vehicle Confiscation Possible?: No
Ignition Interlock Device Possible?: Yes

Punishment for New Hampshire DUI
New Hampshire DUI laws have been the subject of recent legislation and changes. The penalties for a drunk driving arrest prior to January 1, 2005 are set forth below:

1st DUI / DWI
- JAIL TIME REQUIRED N/A on first offense, Only an "Aggravated DWI" (BAC of .16 or more, or other "aggravating factors" can trigger jail time of up to one year.)
- MONETARY FINES Minimum $350.00+ $70 Penalty assessment to maximum $2000 plus $400 penalty assessment; Aggravated offense (BAC of .16 or other aggravating factor.) Minimum $500 + $100 penalty assessment.
- LICENSE SUSPENSION 21 & over drivers: 90 days to 2 years; no early "work permits/hardship/Cinderella licenses"; Under-21 drivers with BAC .02 or more: 180 days.
- "Aggravated"DWI (BAC of .16 or other aggravating factor): 1 to 2 year loss of license
- DRIVING SCHOOL (RISK REDUCTION) Mandated for all drivers before a new license to drive (or permission for a non-resident to operate a car in New Hampshire) can ever be re-established. If client had BAC at .15 or over aftercare is likely before the program issues completion to the DMV.
- COMMUNITY SERVICE N/A
- PROBATION N/A
2nd DUI / DWI
- JAIL TIME REQUIRED Up to one year; minimum 3 days plus 7 day inpatient 2nd offender treatment program.
- MONETARY FINES Minimum $500 + $100 penalty assessment/Maximum $2000 plus $400 penalty assessment.
- LICENSE SUSPENSION 3 Years
- DRIVING SCHOOL (RISK REDUCTION) 7 day inpatient program required
- COMMUNITY SERVICE N/A
- PROBATION N/A

3rd DUI / DWI
- JAIL TIME REQUIRED Up to 1 year
- MONETARY FINES Range between $500 and $2000 plus penalty assessments of 20% of fine
- LICENSE SUSPENSION 7 Years
- DRIVING SCHOOL (RISK REDUCTION) 30 day in patient treatment program
- COMMUNITY SERVICE N/A
- PROBATION N/A
A more serious charge of aggravated DWI may be brought against you if certain specified circumstances exist, the most common of which is if a chemical test shows an alcohol concentration of 0.16% or more; you also may be charged with aggravated DWI if you were in excess of thirty miles an hour over the speed limit or attempted to flee or elude the police. Aggravated DWI is a criminal offense, a class A misdemeanor, unless you are charged with a more serious felony for having caused serious bodily injury (including injury to yourself) while under the influence of alcohol or drugs. If convicted of an aggravated DWI, you must be fined between $500.00 and $2000.00, plus mandatory penalty assessment of 20% of the amount of your fine. You will be sentenced to a minimum of three days in the County House of Correction, up to a maximum of one year, immediately followed by seven days in the Multiple DWI Intervention Detention Center (MOP), In addition, you will receive a license loss of between one and two years. Beginning January 1, 2004, the minimum license that the Court may impose is eighteen months, but six months of that period may be suspended by the Court if you enter into a mandatory alcohol treatment program within forty-five days of the date of your conviction; your failure to enter the program in a timely fashion will prevent the court and the Department of Safety from restoring your license sooner than eighteen months unless you can demonstrate extenuating circumstances to the division of health and human services. Prior to restoration, you must have completed the Multiple Offender Program; you are also required to begin following any treatment recommendations within 60 days of the date you complete the program.

For an aggravated DWI conviction, you must now complete a seven-day residential treatment program at the State's Multiple DWI Offender Detention Center in Laconia; that sentence must be served within 24 days of your conviction and follows a minimum of three days in the County House of Correction.
For a 2nd offense DWI, you are sentenced to complete a one-week residential treatment program at the State's Multiple DWI Offender Detention Center in Laconia; that sentence must be served within 24 days of your conviction and follows a minimum of three days in the County House of Correction. Those with more than one previous conviction may be sentenced to a residential treatment program of up to 28 days.
For either a second offense or an aggravated DWI, you must begin to follow any treatment recommendations from your seven-day treatment program within 60 days after completion of the program.

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