• State Penal Code – NH Statutes 265-A:2
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in New Hampshire are:

1st Refusal

• 180 day license suspension

2nd Refusal

• 2 year license suspension

3rd Refusal

• 2 year license suspension

In New Hampshire the lookback period is 10 years
Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• In New Hampshire, the penalties for an underage DUI/DWI arrest are largely the same regardless of prior underage DUI/DWI arrests
• Your license may either be revoked or suspended for 1 year, this decision is at the discretion of the judge.

1st Offense

• license suspension (9 month minimum, 2 year maximum)

• $500 fine (minimum)
• must complete a state approved driver intervention program

2nd Offense

• 3 year license revocation

• $750 fine (minimum)

• Prison (17 day sentence)
• must complete a driver intervention program
• Installation of Ignition Interlock Device

1st Offense

• license suspension  (18 month minimum, 2 year maximum)

• $750 fine (minimum)

• Prison (17 day minimum)
• must complete a state approved driver intervention program
• Installation of Ignition Interlock Device

2nd Offense

• A second Aggravated offense will yield unspecified, yet significantly higher penalties than any of the previous offenses
• These penalties will vary depending upon the circumstances of your arrest and the discretion of the judge

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL revocation
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In New Hampshire an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• New Hampshire does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved