New Hampshire DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §265-A:2
A first DWI in New Hampshire is classified as a Class B misdemeanor (if BAC < 0.16); Class A misdemeanor (if BAC ≥ 0.16 or aggravated).
- Jail: none mandatory (standard); 5 days (aggravated DWI) minimum to 1 year maximum
- Fine: $500 to $1,200 (plus $100 surcharge)
- License suspension: 9 months (standard first offense)
- Substance abuse program: impaired driver care management program (IDCMP) required
- Community service: community service may be imposed at court discretion
- Probation: available
Second offense
- Jail: 17 days mandatory (with 60 days suspended) minimum to 1 year maximum
- Fine: $750 to $2,000
- License suspension: 3 years
Third and subsequent offenses
- Jail/prison: 180 days (at least 28 consecutive days) minimum to indefinite (Class B felony if 3rd within 7 years) maximum
- Fine: $750 to $2,000
- License suspension: indefinite (at least until eligible for restoration hearing)
- Felony threshold: third conviction within 7 years is a Class B felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DWI | none mandatory (standard); 5 days (aggravated DWI)–1 year §265-A:2 | $500–$1,200 (plus $100 surcharge) §265-A:2 | 9 months (standard first offense) §265-A:2 | |
| Second DWI | 17 days mandatory (with 60 days suspended)–1 year §265-A:2 | $750–$2,000 §265-A:2 | 3 years §265-A:2 | |
| Third DWI | 180 days (at least 28 consecutive days)–indefinite (Class B felony if 3rd within 7 years) §265-A:2 | $750–$2,000 §265-A:2 | indefinite (at least until eligible for restoration hearing) §265-A:2 |
Lookback period
New Hampshire uses a 10 years (for enhanced penalties); lifetime for felony threshold Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §265-A:3
- 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
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- 1st offense: none mandatory (standard); 5 days (aggravated DWI) to 1 year jail, $500-$1,200 (plus $100 surcharge) fine, 9 months (standard first offense) suspension
- 2nd offense: 17 days mandatory (with 60 days suspended) to 1 year jail, $750-$2,000 fine
- 3rd+ offense: 180 days (at least 28 consecutive days) to indefinite (Class B felony if 3rd within 7 years) jail, $750-$2,000 fine
- Lookback period: 10 years (for enhanced penalties); lifetime for felony threshold