New Hampshire · DWI · Checked October 2026
New Hampshire DWI Penalties: First, Second and Third Offense
New Hampshire DWI Penalties: What Are the Rules?
New Hampshire sets DWI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
New Hampshire DWI Penalties by 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 |
Other First Offense Penalties in New Hampshire
- Referral to the Impaired Driver Care Management Program (IDCMP): alcohol and drug screening within 14 days, substance use disorder evaluation within 30 days if required
- Impaired driver education program
- Victim impact panel
Official source: other first offense penalties (New Hampshire)
Other Second Offense Penalties in New Hampshire
- IDCMP substance use disorder evaluation and service plan
Official source: other second offense penalties (New Hampshire)
Other Third Offense Penalties in New Hampshire
- IDCMP substance use disorder evaluation and service plan
Official source: other third offense penalties (New Hampshire)
When Penalties Are Higher in New Hampshire
- 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 years
- 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 required
- 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 applies
When a DWI Is 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 offenseN.H. Rev. Stat. Ann. § 265-A:18, I(c), IV(c)
How Far Back Prior Offenses Count in New Hampshire
10 years. prior DWI convictions within 10 years before the new offense count toward second and later offense penaltiesN.H. Rev. Stat. Ann. § 265-A:18, IV
Official source: how far back prior offenses count (New Hampshire)
More on DWI Law in New Hampshire
See the full overview of DWI laws in New Hampshire and read about first-offense DUI penalties across the states.
This page summarizes New Hampshire law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DWI in New Hampshire?
Jail: 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. Fine: at least $750, up to $2,000. License suspension: revocation of at least 3 years.
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