1st Offense

The information on this website is for informational purposes only. You should consult with a NH DWI lawyer to discuss the specific penalties applicable in your case.

NH DWI - First Offense (age 21 or older)

Class B Misdemeanor*

*May be reduced to a violation-level offense after one year.

Jail Sentence

None. 

Fine

Minimum: $500.00

Maximum: $1200.00

Added to all fines is a 24% penalty assessment.

Most courts expect payment of the fine and penalty assessment in full on the day of trial or when the sentence is imposed.

Court-ordered Loss of License

Minimum: 9 months (can be reduced to 90 days)

Maximum: 2 years

Possibility of reinstatement 6 months early if the required treatment (below) is successfully completed within the mandatory time frames.

Administrative License Suspension (ALS) by the NH DMV

Minimum: 6 months, effective 30 days from date of arrest.

In the case of a refusal, the administrative loss of license will be consecutive (i.e., in addition to) to any court-ordered loss of license.

Required Treatment

Minimum:

IDCMP Substance Abuse Screening to be completed within 14 days of sentencing. ($75)

  • Negative screening → 20 hour impaired driver education program (IDEP) ($300) or an accelerated weekend program (WIDEP). ($485)
  • Positive screening → substance use disorder evaluation to be completed within 30 days of sentencing.

Substance Use Disorder Evaluation ($200)

  • Negative evaluation → IDEP or WIDEP
  • Positive evaluation → compliance with the service plan provided from the substance use evaluation, in addition to IDEP or WIDEP.

Any additional treatment or counseling ordered by the court, including random urine and drug tests.

Ignition Interlock Requirement

None required. However, a judge may order an ignition interlock device for 1-2 years in some circumstances.

Insurance Requirements

SR-22 form required prior to reinstatement.

Other Penalties

6 demerit points

This is a major motor vehicle offense which counts toward certification as an habitual offender.

May affect international travel of US citizens (including travel to Canada) and immigration status or visa eligibility for non-citizens.

The conviction cannot be annulled for at least 10 years.

Your Best Defense Starts Here

For aggressive representation and practical legal advice, contact the experienced New Hampshire attorneys at Samdperil & Welsh, PLLC today.
Exeter, NH
(603) 775-7570
Portsmouth, NH
(603) 436-4901