DWI Penalties

Driving While Under the Influence

The penalties for Driving While Under the Influence of Intoxicating Liquor are constantly changing. As society continues to express concern over and disdain for impaired drivers on the road, the State Legislature has enacted severe penalties for those convicted of Driving While Under the Influence of Intoxicating Liquor.

Driving While Under The Influence of Intoxicating Liquor, 1st Offense:

RSA 265:82 makes it a violation to drive a motor vehicle while under the influence of intoxicating liquor or drugs or to have in one's blood or breath an alcohol concentration of 0.08 or in the case of a person under the age of 21, 0.02 or more. Upon conviction, a driver may lose their license from 90 days to two years, and be fined up to $1,000.00. If the operator is under the age of 21 the loss of license is not less than 1 year.

Driving while Under The Influence Of Intoxicating Liquor, 2nd offense:

On a 2nd offense in this or another state within a ten year period, including DWI with a boat or an OHRV, RSA 265:82-b, an individual is guilty of a misdemeanor for which they will be fined not less than $ 500.00, sentenced to not less than ten consecutive days, of which three 24 hour periods shall be served at the house of correction, and seven consecutive 24 hour periods shall be served at the state operated multiple DWI offender intervention detention center within 21 days after the conviction, and their driver's license or privileges shall be revoked for at least three years.

Driving while Under the Influence of Intoxicating Liquor, 3rd offense:

Anyone convicted of Driving while under the influence of intoxicating liquor subsequent (3rd) offense, shall be fined not less than $500, lose their driver's license indefinitely, but for not less than 5 years. They will also be required to serve 30 days in the House of Correction and complete a 28 day treatment program at their own expense.

Driving while Under the Influence of Intoxicating Liquor, 4th offense:

A person convicted of a subsequent (4th) offense for DWI will lose their license indefinitely, but for not less than 7 years, and have the same penalties imposed as are outlined under those penalties for a 3rd offense.

Aggravated Driving While Intoxicated

It is also a misdemeanor offense known as aggravated driving while intoxicated to drive with either a 0.08 alcohol concentration in one's breath or blood, or to drive while under the influence of intoxicating liquor, and to be driving at speeds greater than 30 miles per hour in excess of the prima facie speed limit, or while involved in an attempt to elude Law Enforcement officers by increasing speed, extinguishing head lamps while in motion, or abandoning a vehicle. Any person convicted of Aggravated Driving While Intoxicated is subject to a minimum mandatory fine of $500 and a 1 year loss of license.

Moreover, it is a misdemeanor offense of aggravated Driving while intoxicated while a person has an alcohol concentration of 0.16 or greater in their breath or blood.

If a person drives while having greater than a .08 alcohol concentration in their blood, or while under the influence of intoxicating liquor, and causes serious bodily injury, he is guilty of a class "B" felony, and is fined not less than $1000.00 nor more than $2000.00, and their license is revoked for a period not less than one year but not more than two.

If a person causes the death of another as a consequence of driving a motor vehicle while under the influence of intoxicating liquor, the person is guilty of a class "A" felony, negligent homicide.

Any person convicted of DWI with a motor vehicle or OHRV who was transporting a person under the age of 16 at the time shall be sentenced to not less than one day, to 30 days in jail and receive the maximum license revocation provided for the particular offense.

All persons convicted of DWI are required to attend an alcohol education course before their driving privileges can be restored.