DUI/DWI Law & Defense
In New Hampshire, a conviction for DUI/DWI results in a criminal record with serious sanctions. In addition to the criminal penalties described below, the Department of Motor Vehicle imposes a civil license suspension known as the Administrative License Suspension (ALS). In order to challenge this suspension, in most cases, you must make a request for a hearing within 30 days of your arrest. Failure to do so will forever waive your right to contest this suspension. It is important that you consult with an attorney as soon as possible in order to preserve your rights.
If you or someone you care about has been charged with DUI/DWI, time is of the essence to get legal representation established and on your side. There are steep fines and penalties that come with this offense, which can include jail time depending upon your prior criminal record, and a conviction will result in long term consequences.
We want to hear from you, understand the facts of your case and provide legal advice to help you navigate the criminal process. Tony DiPadova has handled hundreds of DUI/DWI cases in New Hampshire Courts over the past 35 years and he can provide you with experienced representation. In the case of State v. Lorton, 149 N.H. 732 (2003) Tony has even successfully appealed a DWI conviction to the New Hampshire Supreme Court which resulted in a reversal and the Court setting forth the standard of evidence required for DWI convictions.
In order to provide some immediate guidance, the minimum and maximum penalties for DWI/DUI in New Hampshire are described below. In addition, there are many collateral consequences to a DWI/DUI conviction that are too numerous to describe here. Depending on the level of the offense there also may be a requirement that you install an ignition interlock on your vehicle after your license/right to operate is restored.
Full descriptions of the Impaired Driver Management Care Programs referred to below can be found at the NH Department of Health and Human Services website.
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DWI 1st Offense – Class B misdemeanor
License Revocation: A conviction for a first offense DWI will result in a revocation of your New Hampshire Driver’s License, or (in the case of an out of state resident) your right to operate a motor vehicle in the State of New Hampshire for a period of at least nine months and up to two years. The Court may suspend up to 6 months of the revocation (thereby reducing it to 90 days) provided you complete an alcohol and drug screening within 14 days of conviction and, if required, you complete a substance use disorder evaluation within 30 days of conviction. If you are under age 21 at the time of the offense your license/right to operate will be revoked for a minimum of one year and up to two years. The Court, in its discretion, may also require the installation of an ignition interlock device on your motor vehicle.
Impaired Driver Care Management Program(IDCMP):
You will also be referred to an IDCMP to submit to an alcohol and drug abuse screening within 14 days of conviction, and you may be required to complete a substance use disorder evaluation within 30 days of conviction. Thereafter you will be required to complete an Impaired Driver Education Program (IDEP). These programs are described at the Department of Health and Human Services website.
Fine: You will be fined a minimum of $500.00 and up to $1,200.00. To each fine there is added a 24% penalty assessment.
DWI Second Offense: – Class A Misdemeanor
A DWI second offense is defined as one which is alleged to have occurred within 10 years of the date of your last DWI conviction.
Incarceration:
Prior conviction less than 2 years.
Minimum mandatory sentence of not less than 60 consecutive days, 30 of which shall be suspended and 30 shall be served in the county correctional facility jail). No portion of the minimum mandatory sentence may be suspended. The maximum sentence is 12 months at that county correctional facility. A condition of the suspension of the sentence is that you schedule a substance use disorder evaluation within 30 days of release and complete the evaluation within 60 days of release. You must also comply with the treatment plan developed by the IDCMP.
Prior conviction less than ten years, but more than 2 years:
Minimum mandatory sentence of not less than 17 consecutive days, 12 of which shall be suspended and a minimum of 5 days which shall be served in the county correctional facility jail). No portion of the minimum mandatory sentence may be suspended. The maximum sentence is 12 months at the county correctional facility. A condition of the suspension of the sentence is that you schedule a substance use disorder evaluation within 30 days of release and complete the evaluation within 60 days of release. You must also comply with the treatment plan developed by the IDCMP.
License Revocation: Your license/right to operate in NH will be revoked for a period of three years.
Fine: You will be fined a minimum of $750.00 and up to $2,000.00. To each fine there is added a 24% penalty assessment.
Ignition Interlock: You will be required to install an ignition interlock device on any vehicle that you operate for a period of at least 12 months and up to two years.
DWI Third Offense: – Class A Misdemeanor
Incarceration: Minimum mandatory sentence of not less than 180 consecutive days, 150 of which shall be suspended and 30 of which shall be served in the county correctional facility jail). A condition of the suspension of the sentence is that you schedule a substance use disorder evaluation within 30 days of release and complete the evaluation within 60 days of release. You must also comply with the treatment plan developed by the IDCMP. The remainder of the sentence may be deferred by the Court for up to 2 years. The maximum sentence is 12 months at the county correctional facility.
License Revocation: Your license/right to operate in NH will be revoked indefinitely not to be restored for at least five years.
Fine: You will be fined a minimum of $750.00 and up to $2,000.00. To each fine there is added a 24% penalty assessment.
Ignition Interlock: You will be required to install an ignition interlock device on any vehicle that you operate for a period of at least 12 months and up to two years.
DWI Fourth or Subsequent Offense: – Felony
Incarceration: Minimum mandatory sentence of not less than 180 consecutive days, 150 of which shall be suspended and 30 of which shall be served in the county correctional facility. A condition of the suspension of the sentence is that you schedule a substance use disorder evaluation within 30 days of release and complete the evaluation within 60 days of release. You must also comply with the treatment plan developed by the IDCMP. The remainder of the sentence may be deferred by the Court for up to 2 years. The maximum sentence is up to 3 1/2 years to 7 years at the New Hampshire State Prison.
License Revocation: Your license/right to operate in NH will be revoked indefinitely not to be restored for at least seven years.
Fine: You will be fined a minimum of $750.00 and up to $4,000.00. To each fine there is added a 24% penalty assessment.
Ignition Interlock: You will be required to install an ignition interlock device on any vehicle that you operate for a period of at least 12 months and up to two years.
Aggravated DWI – Class A misdemeanor
Incarceration: Minimum mandatory sentence of not less than 17 consecutive days, 12 of which shall be suspended and a minimum of 5 days which shall be served in the county correctional facility. No portion of the minimum mandatory sentence may be suspended. The maximum sentence is 12 months at the county correctional facility. A condition of the suspension of the sentence is that you schedule a substance use disorder evaluation within 30 days of release and complete the evaluation within 60 days of release. You must also comply with the treatment plan developed by the IDCMP.
License Revocation: Your license/right to operate in NH will be revoked for a period of at least 18 months and up to two years. The Court may suspend up to 6 months upon confirmation that you are in full compliance with the service plan developed by the IDCMP.
Fine: You will be fined a minimum of $750.00 and up to $2,000.00. To each fine there is added a 24% penalty assessment.
Ignition Interlock: You will be required to install an ignition interlock device on any vehicle that you operate for a period of at least 12 months and up to two years.
Aggravated DWI (serious bodily injury) – Felony
Incarceration: Sentenced to a mandatory sentence of not less than 35 consecutive days of which 21 shall be suspended. This sentence must be served within 45 days of conviction and no portion of the minimum mandatory sentence may be suspended. The maximum sentence is up to seven years at the New Hampshire State Prison.
License Revocation: Your license/right to operate in NH will be revoked for a period of at least 18 months and up to two years. The Court may suspend up to 6 months upon confirmation that you are in full compliance with the service plan developed by the IDCMP.
Fine: You will be fined a minimum of $1,000.00 and up to $4,000.00. To each fine there is added a 24% penalty assessment.
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