4. New Hampshire Drunk Driving (DWI / DUI) Penalties
4.1 SR-22 Insurance
Drivers found guilty of DWI will be required to obtain SR-22 insurance prior to getting their license back. They will need this special insurance for 3 years from the date of conviction for a first offense[1], or 3 years from the date of restoration eligibility for a subsequent offense[2].
4.2 Probationary Status
Drivers will be placed on probationary status for 3 years[3]. While on probation, they cannot drive with a BAC at or above .03[4], or the driver will be subjected to a license suspension[5].
4.3 Fines
A fine of at least $500 plus penalty assessment, presently set at 24%.
4.4 Alcohol Treatment Program
The length of the alcohol program depends on the type of DWI. It is a 20 hour program for a first offense[6], a 7 day Multiple Offender program for second offense (or if client previously completed the 20 hour IDIP[7]) or aggravated DWI[8], and a 28 day program for a third offense[9]. The cost for these programs is approximately $500 for the 20 hour one, $1500 for the 7 day program, andeven higher for the 28 day program.
4.5 Alcohol Ignition Interlock Device
An interlock device is a machine the drivermustblow into in order to start the car, and occasionally while driving. If the driver is found guilty of aggravated DWI, or subsequent offense DWI, or operating after suspension of DWI, an interlock device is required for 1-2 years once the license is returned[10]. An interlock is optional in other circumstances, such as when a driver under 21.
It works similar to a portable breath test. The newer models are more specific to alcohol, and supposedly have less false positives. However, if there is alcohol on the driver’s breath from things other than drinking, such as mouthwash, this will trigger the machine and the driver can be locked out. Failures are typically reported.
The cost to install the interlock is around $100. The monthly cost to rent it is around $75 per month. Every so often the driver must have the vehicle inspected at which time the data is downloaded.
4.6 Major Offense toward Habitual Offender
DWI is a major violation toward the Habitual Offender Law[11]. As few as 3 major offenses in the previous five years will deem someone certified as a Habitual Offender.
4.7 Specific Penalties for the Various Types Of DWI
4.7.1 Standard First Offense DWI[12]
Class B Misdemeanor
Fine at least $620 ($500 + 24% Penalty Assessment).
Loss of license is between 9 months and 2 years. (In certain circumstances the Court can reduce six months of the license loss if you enroll in an IDIP program within 45 days of conviction). Minimum 1 year license loss if driver is under 21 at the time of offense[13].
20 Hour Impaired Driver Intervention Program (IDIP). The cost of the program is around $500. It must be completed before the driver’s license is returned, as well as any recommendations by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
4.7.2 Aggravated DWI (all offenses except serious bodily injury)[14]
Class A Misdemeanor
Fine at least $930 ($750 + 24% Penalty Assessment).
Loss of License 18 months, up to 2 years. (In certain circumstances the Court can reduce six months of the license loss if you enroll in the MOP program within 45 days of conviction).
Mandatory Jail time 3 days, up to 1 year in jail.
7 Day Straight Multiple Offender Program (MOP). It must be completed before license is returned, as well as any recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of conviction.
If Aggravated DWI is for causing serious bodily injury then it is a felony[15].
Mandatory 14 days in jail up to 3 and half years - 7 years in prison. Fine $1000-$4000. Plus other conditions of aggravated DWI.
4.7.3.1Second Offense DWI (When first offense was within 10 years of date of second offense)[16]
Class A Misdemeanor
Fine at least $930 ($750 + 24% Penalty Assessment).
Loss of License 3+ years.
7 Day Straight Multiple Offender Program (MOP). It must be completed before license is returned, as well as any recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license restoration.
4.7.3.2 If First offense was within 2 years of date of offense
Mandatory Jail time 30 days, up to 1 year in jail[17].
If First offense was between 2 and 10 years of date of offense
Mandatory Jail time 3 days, up to 1 year in jail[18].
4.7.4. Third Offense DWI[19]
Class A Misdemeanor
Fine at least $930 ($750 + 24% Penalty Assessment).
Loss of License Indefinite – May be reinstated after 5 years for good cause.
Mandatory Jail time of not less than 180 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility following which the person shall complete at the person's own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment based upon a formal evaluation by a licensed alcohol and other drug counselor and approved by the department of health and human services before the driver's license may be restored. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any ordered treatment, suspend any remaining deferred sentence. Failure to successfully complete any court-ordered intervention program or recommended treatment shall result in the imposition of any remaining deferred sentence.
28 Day Straight Residential Treatment Program (MOP). It must be completed before license is returned, as well as any recommendation by the program.
Major violation toward Habitual Offender law.
SR-22 insurance for three years from date of license restoration.
4.7.5 Fourth Offense or More DWI[20]
This offense has the same penalties as a third offense, except it is a Felony (which carries up to 7 years in prison), and the driver may only petition for a return of license after 7 years.
[1]Saf-C 207.12(a)
[2]Saf-C 207.12(c)
[3]Saf-C 204.03(d)
[4]Saf-C 204.03(f)
[5]Saf-C 204.03(g)
[6] N.H. RSA 265-A:18(I)(c)
[7]Id.
[8] N.H. RSA 265-A:18(IV)(a)
[9] N.H. RSA 265-A:18(IV)(b)
[10] N.H. RSA 265-A:36
[11] N.H. RSA 259:39(I)(k) & N.H. RSA 259:39(I)l)
[12] N.H. RSA 265-A:18(I)(a)
[13] N.H. RSA 265-A:18(III)
[14] N.H. RSA 265-A:18(I)(b)
[15] N.H. RSA 265-A:18(I)(c)
[16] N.H. RSA 265-A:18(IV)(a)
[17] N.H. RSA 265-A:18(IV)(a)(3)(A)
[18] N.H. RSA 265-A:18(IV)(a)(3)(B)
[19] N.H. RSA 265-A:18(IV)(b)
[20] N.H. RSA 265-A:18(IV)(c)