2nd Offense DUI

Penalties for Second Offense DWI in NH

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.

Class A Misdemeanor

(prior conviction within the past 10 years)

Jail Sentence – prior conviction within past 2 years

Mandatory Minimum: 60 consecutive days, of which 30 days may be suspended

Maximum: 1 year

(prior conviction within the past 2 years)

Jail Sentence – prior conviction more than 2 years

Mandatory Minimum: 17 consecutive days, with 12 days suspended

Maximum: 1 year

(where the prior conviction was more than 2 years before the current charge)

Fine

Minimum: $750.00, plus 24% penalty assessment

Maximum: $2000.00, plus 24% penalty assessment

Most district courts require fines to be paid in full on the date of trial or sentencing.

Court-ordered loss of license

mandatory minimum of 3 years

Administrative License Suspension (ALS) by the NH DMV

Minimum: 2 years in most cases, potentially longer. If a driver refuses to submit to breath or blood testing following arrest, the ALS is in addition to any court-ordered loss of license.

Required Treatment

Referral to an Impaired Driver Care Management Program (IDCMP) to schedule a full substance use disorder evaluation.

A substance use disorder evaluation shall be scheduled within 30 days of release from jail, and completed within 60 days of release.

Compliance with the service plan provided from the substance use evaluation.

Any portion of the suspended jail sentence may be imposed for non-compliance with the IDCMP’s treatment requirements.

The court may also impose additional treatment and/or counseling conditions as well, including random urine tests.

Ignition Interlock Requirement

Installation of an Ignition Interlock Device is mandatory.

Mandatory Minimum: 1 years

Maximum: 2 years

Insurance Requirements

Proof of an SR-22 insurance certificate prior to reinstatement.

Other Penalties

6 demerit points

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

Major motor vehicle conviction which counts toward certification as an habitual offender.