New Hampshire DWI Penalties
1st OFFENSE DWI
A first offense DWI is considered to be a class B misdemeanor. That means it is not punishable by jail but does carry penalties such as fines and license suspensions.
The penalty for a first offense DWI for a person over the age of 21 is a license suspension ranging from 9 months to 2 years as well as a fine of $500.00. If you have a passenger in the vehicle under the age of 16, your license will be suspended for 2 years. If you are under the age of 21 at the time of the arrest your license can be suspended for a period of 12 – 24 months.
In addition, if you’re convicted of a first DWI, you must complete the Impaired Driver Intervention Program (IDIP). IDIP requires substantial substance abuse counseling and additional money to complete.
It doesn’t end there. Even when you get your license restored, you still have to be extremely careful when you go out to enjoy yourself. For the next five years it is illegal for you to drive your car with a BAC (blood alcohol content) of .03% or higher. You may even be required to install an ignition interlock device (IID) in order to have your privileges reinstated… even on a first offense DWI! That’s a lot of hassle and headaches to suffer for a moment of poor judgment.
2nd OFFENSE DWI
The future is even more troubling if you had a prior conviction for DWI in your past. Second and subsequent DWIs are Class A misdemeanors punishable by hefty fines, license suspensions and jail.
On a second offense DUI, a minimum fine of $750 can be imposed and your license can be suspended for a minimum of 3 years. If the prior conviction for DWI is between 2 and 10 years old, a minimum jail sentence of 10 days will be imposed followed by a 7 day stay at the New Hampshire DWI Offender Intervention Detention Center.
If your second offense DWI occurred within 2 years of the 1st DWI conviction, the minimum sentence includes 30 days jail followed by a 7 day stay at the New Hampshire DWI Offender Intervention Detention Center.
3rd OFFENSE DWI
If you are convicted for a 3rd offense DWI, your license is revoked indefinitely and reinstatement cannot be applied for until at least 5 years have gone by.
In addition, you will be required to serve at least 30 days in the county jail followed by 28 days of intensive substance abuse counseling… at your expense of course.
4th OFFENSE & SUBSEQUENT DWI CONVICTIONS
Fourth offenses and greater are considered felonies and are subject to much lengthier prison sentences. In addition, your license will be revoked and you may not reapply for reinstatement until 7 years have passed.
AGGRAVATED DWI
Some factors are considered to be “aggravating factors” by the prosecutor when charging the case and by the judge when sentencing. Those factors include exceeding the posted speed limit by 30mph or greater while DWI, causing an accident resulting in bodily injury while DWI, eluding a police officer while DWI, having a passenger in the car under the age of 16 while DWI, refusing to submit to a test or having a BAC of .16% or greater.
Penalties include a fine of $750 and 10 days jail on a first offense DWI (Class A misdemeanor when aggravated) as well as a driver’s license suspension of 18 – 24 months.
Refusing to submit to a chemical test, which includes blood, breath or urine triggers additional suspension times. Consult with an experienced lawyer from the Law Offices of NIELSEN & BLY to learn more about the penalties and how to defend your case.
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