How quickly must I respond after a DWI arrest?

The most time-critical deadline is the administrative hearing request: 30 days after notice of suspension to request hearing in New Hampshire. Missing this deadline waives your right to contest the license suspension, regardless of what happens in the criminal case.

Will I lose my license immediately?

New Hampshire imposes an administrative suspension of 6 months (failed test); 180 days (refusal) for a first offense. No restricted license is available during the administrative suspension. This is separate from any criminal license suspension.

What is the difference between the criminal case and the administrative case?

The criminal case is prosecuted in court and can result in jail, fines, and a criminal record. The administrative case is about your driver's license and is handled separately. You can win one and lose the other — they have different standards of proof and different deadlines.

Can DWI charges be reduced?

Outcomes depend on evidentiary strength, procedural compliance by the officer, BAC level, and other factors. An experienced attorney can evaluate whether the evidence supports a motion to suppress, a plea to a lesser charge, or trial.

Does a DWI stay on my record permanently?

In New Hampshire, DWI convictions cannot be expunged. New Hampshire does not permit expungement of DWI convictions. Annulment (§ 651:5) is available for some offenses but DWI convictions are generally ineligible.

OverviewUpdated 2026-02-27

New Hampshire DUI Defense Guide — Charges & Options

DUI basics, court steps, and what happens next

Jump to:

After a DUI Arrest in New Hampshire — Next Steps DUI & License Suspension — What Happens DUI Penalties — Fines, Jail & Probation DUI Testing — Field Sobriety, Breath & Blood Ignition Interlock — Requirements & Costs DUI Refusal — Penalties & Consequences DUI First Court Date — How to Prepare

DUI Is Like 2 Cases in 1

A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.

🚨

Arrest & Booking

charges filed

⚖️

First Court Date

arraignment

🔍

Evidence Review

BAC / field tests

📋

Negotiation

plea or trial prep

✅

Resolution

plea, trial, or dismissal

📨

Notice of Suspension

at arrest or by mail

⏰

Hearing Request

short deadline

🏛️

Admin Hearing

license at stake

🔑

IID / Restrictions

conditional driving

💳

Reinstatement

fees & compliance

Two tracks run at once: the court case and license/administrative deadlines. Deadlines, procedures, and penalties vary by state.

The two tracks: criminal and administrative

Track 1: Criminal prosecution

The criminal case is a court proceeding where the state must prove DWI beyond a reasonable doubt. New Hampshire's per se BAC limit is 0.08 §265-A:2, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a Class B misdemeanor (if BAC < 0.16); Class A misdemeanor (if BAC ≥ 0.16 or aggravated).

Track 2: Administrative license action

The administrative action is handled separately from the criminal case. It can result in license suspension even if the criminal case is eventually dismissed. You have 30 days after notice of suspension to request hearing to request a hearing to contest the suspension.

⚠The administrative hearing deadline is short — 30 days after notice of suspension to request hearing. Missing this deadline waives your right to contest the license suspension, regardless of what happens in the criminal case.

What triggers enhanced penalties

BAC ≥ 0.16 (aggravated DWI — Class A misdemeanor)
Speed 30+ mph over limit
Child under 16 in vehicle
Passing school bus
Eluding police
Wrong-way driving

Implied consent and chemical testing §265-A:4

New Hampshire has an Implied consent law: by driving on New Hampshire roads, you have implicitly consented to chemical testing when lawfully arrested for DWI. Refusing the test carries its own consequences: 180-day license suspension. In New Hampshire, refusal to submit to chemical testing is admissible as evidence at trial §265-A:4.

BAC thresholds that matter

	Category	BAC Limit
Standard per se	0.08 §265-A:2	DWI charge without other evidence of impairment
Enhanced penalty	0.16 §265-A:3	Higher minimum penalties and longer license suspension
Under 21	0.02	Zero tolerance violation
Commercial (CDL)	0.04 §49 C.F.R. § 383.51	CDL disqualification

Why timing matters most

DWI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.

⚠If you have been arrested for DWI in New Hampshire, the most time-critical step is requesting the administrative hearing within 30 days after notice of suspension to request hearing. Consult an attorney immediately — this deadline cannot be extended.

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