New Hampshire · DWI · Checked October 2026

DWI Laws in New Hampshire

What Happens if You Get a DWI in New Hampshire?

New Hampshire calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 30 days to challenge your license suspension
First offense jail: No jail (class B misdemeanor)
First offense fine: At least $500, up to $1,200
First offense license: Revocation of at least 9 months and up to 2 years; the court may suspend up to 6 months of it if you are screened within 14 days, complete any required evaluation within 30 days, comply with the service plan and complete an approved impaired driver education program
Felony: A fourth or later DWI within 10 years is a felony; aggravated DWI that causes serious bodily injury is a class B felony on a first offense

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

New Hampshire DWI Laws: Key Facts

Legal limit (adults): 0.08 BACN.H. Rev. Stat. Ann. § 265-A:2, I; § 265-A:3, I(e) (aggravated DWI at 0.16 or more)
Drivers under 21: 0.02 BAC (0.02 or more for a driver under 21)
Enhanced penalties from: 0.16 BAC
Lookback period: 10 years
Insurance filing: SR-22
Sobriety checkpoints: Allowed

New Hampshire DWI Penalties by Offense

DWI penalties in New Hampshire for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class B misdemeanor	Class A misdemeanor	Class A misdemeanor
Jail	no jail (class B misdemeanor)	prior within 2 years: at least 60 consecutive days, 30 of which are suspended; prior within 2 to 10 years: at least 17 consecutive days, 12 of which are suspended; up to 1 year	at least 180 consecutive days, 150 of which are suspended (30 days served); up to 1 year
Fine	at least $500, up to $1,200	at least $750, up to $2,000	at least $750, up to $2,000
License suspension	revocation of at least 9 months and up to 2 years; the court may suspend up to 6 months of it if you are screened within 14 days, complete any required evaluation within 30 days, comply with the service plan and complete an approved impaired driver education program	revocation of at least 3 years	revoked indefinitely; you can petition for restoration after at least 5 years
Ignition interlock	not required by statute for a basic first offense; required if you use a limited driving privilege	required for 12 months to 2 years after the revocation ends	required for 12 months to 2 years after the revocation ends

First offense: N.H. Rev. Stat. Ann. § 265-A:18, I(a); § 651:2, IV(a) · Second offense: N.H. Rev. Stat. Ann. § 265-A:18, IV(a); § 265-A:36; § 651:2 · Third offense: N.H. Rev. Stat. Ann. § 265-A:18, IV(b); § 265-A:36; § 651:2

When Penalties Are Higher

Aggravated DWI: 0.16 or more; more than 30 mph over the limit; carrying a passenger under 16; or trying to elude police: Class A misdemeanor: at least $750 fine; at least 17 consecutive days in jail with 12 suspended (5 served); revocation of at least 18 months and up to 2 years; interlock required for 12 months to 2 yearsN.H. Rev. Stat. Ann. § 265-A:3; § 265-A:18, I(b); § 265-A:36
Aggravated DWI causing a collision that results in serious bodily injury: Class B felony: at least $1,000 fine; at least 35 consecutive days with 21 suspended (14 served); revocation of at least 18 months and up to 2 years; interlock requiredN.H. Rev. Stat. Ann. § 265-A:3, I(b); § 265-A:18, I(c)
Driver under 21: License revoked for at least 1 year; substance use disorder evaluation and impaired driver education required; interlock until age 21 or at least 12 months, whichever is longer, when interlock appliesN.H. Rev. Stat. Ann. § 265-A:18, III; § 265-A:36

More on New Hampshire DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

administrative suspension of 180 days for a first refusal, 2 years with a prior refusal or prior DWI conviction (9 months and 3 years for refusals on or after January 1, 2027); refusal of both physical and chemical tests after one arrest counts as one refusal, and the suspension does not run concurrently with other suspensionsN.H. Rev. Stat. Ann. § 265-A:14

Official source: if you refuse a breath or blood test in New Hampshire

Getting a Limited Driving Privilege

only for a first-offense DWI under RSA 265-A:2, I (not in a commercial vehicle); petition the court where you were convicted after at least 45 days of suspension; allowed for work, job seeking, treatment, medical care and education; only in vehicles with an enhanced technology ignition interlock, and the interlock continues for 1 year after full restoration

Official source: getting a limited driving privilege in New Hampshire

Ignition Interlock

First offense: required for aggravated DWI (12 months to 2 years after the revocation ends) and for any limited driving privilege; not required by statute for a basic first offense Repeat offenses: required for a second or later offense, 12 months to 2 years after the revocation ends the interlock period starts only after driving privileges are fully restored; the device blocks starting at 0.020 or more; under 21: until age 21 or at least 12 months, whichever is longer; a fee reduction of up to 75% is available after a hearing if you can't afford it

Official source: ignition interlock in New Hampshire

Can a DWI Come Off Your Record?

annulment is available for DWI and aggravated DWI convictions Waiting period: 10 years after the date of conviction no court may annul a DWI or aggravated DWI conviction until 10 years after conviction; general annulment requirements (completing the sentence, no new convictions) also apply

Official source: can a dwi come off your record? in New Hampshire

DUI Checkpoints

Sobriety checkpoints are allowed in New Hampshire. Legal basis: Statute: police must petition the superior court, which must find the checkpoint warranted and constitutional before it can run.N.H. Rev. Stat. Ann. § 265:1-a

Official source: dui checkpoints in New Hampshire

Drivers Under 21

a driver under 21 commits DWI at 0.02 or more license revoked for at least 1 year, plus substance use disorder evaluation and impaired driver education; any motor vehicle conviction under 20 also triggers a Bureau of Hearings review with a possible added 20-, 45- or 90-day loss of license

Official source: drivers under 21 in New Hampshire

Driving After Using Drugs

yes: the same DWI statute covers driving under the influence of any controlled drug, prescription drug, over-the-counter drug or other chemical substance that impairs the ability to drive

Official source: driving after using drugs in New Hampshire

More on DWI Law in New Hampshire

For the state's own guidance, see NH DMV Impaired Driver Intervention Programs.

This page summarizes New Hampshire law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in New Hampshire can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in New Hampshire?

Jail: no jail (class B misdemeanor). Fine: at least $500, up to $1,200. License suspension: revocation of at least 9 months and up to 2 years; the court may suspend up to 6 months of it if you are screened within 14 days, complete any required evaluation within 30 days, comply with the service plan and complete an approved impaired driver education program.

How Long Do You Have to Request a License Hearing in New Hampshire?

30 days. How it is counted: the date the notice of suspension is issued (served on you). In writing to the Department of Safety, Bureau of Hearings: online form, email, fax (603-271-6653) or mail to 33 Hazen Drive, Concord, NH 03305; phone requests are not accepted. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in New Hampshire?

a fourth or later DWI within 10 years is a felony; aggravated DWI that causes serious bodily injury is a class B felony on a first offense

Do You Need an SR-22 After a DWI in New Hampshire?

Yes. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in New Hampshire?

Yes. Legal basis: Statute: police must petition the superior court, which must find the checkpoint warranted and constitutional before it can run.