New Hampshire

new_hampshireNew Hampshire State Law

New Hampshire has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
New Hampshire Division of Motor Vehicles (DMV)
New Hampshire is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

You will be given a 30 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 31st day for 180 days. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies.

Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In New Hampshire, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even for a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: not less than $500 fine, 9 months to 2 years license revocation, must complete I.D.I.P (impaired driver intervention program) prior to restoration of license. IF any aggravating factors are present an ignition interlock restriction upon license reinstatement for a period of not less than 12 months nor more than 2 years. Possible attendance at drug and/or alcohol treatment/counseling program.
  • Second Offense – Misdemeanor: not less than $750 fine, not less than 10 days in jail, 3 years license revocation, ignition interlock restriction upon license reinstatement for a period of not less than 12 months nor more than 2 years, alcohol/drug abuse evaluation and treatment as instructed, must complete M.O.P (multiple DWI offender intervention detention center program) prior to restoration of license. Possible attendance at drug and/or alcohol treatment/counseling program and/or substance abuse monitoring (random urinalysis tests etc.).
  • Third Offense – Misdemeanor: not less than $750 fine, not less than 180 days in jail, indefinite license revocation (may petition court for eligibility to apply for license after 5 years), ignition interlock restriction upon license reinstatement for a period of not less than 12 months nor more than 2 years, alcohol/drug abuse evaluation and treatment as instructed, at least 28 days in a residential treatment program facility or intensive substance abuse treatment course. Possible substance abuse monitoring (random urinalysis tests etc.).
  • Fourth and Subsequent Offenses – Misdemeanor: not less than $750 fine, minimum mandatory 180 days in jail, indefinite license revocation (may petition court for eligibility to apply for license after 7 years), ignition interlock restriction upon license reinstatement for a period of not less than 12 months nor more than 2 years, alcohol/drug abuse evaluation and treatment as instructed, at least 28 days in a residential treatment program facility or intensive substance abuse treatment course. Possible substance abuse monitoring (random urinalysis tests etc.).

For more information on New Hampshire ignition interlock laws contact the New Hampshire Bureau of Motor Vehicles.

800-499-0994