New Hampshire DUI/DWI Laws: Penalties, Court Process, and Records

New Hampshire has strong laws against driving while intoxicated or under the influence of narcotics. If convicted, offenders could lose their license right away, pay higher fines, and have their records permanently damaged. Driving under the influence (DUI) and driving while intoxicated (DWI) are prosecuted nationally, while the specific terms vary from state to state.

In New Hampshire, DWI (Driving While Intoxicated) is the official term, even though DUI is often used informally. The DWI laws, penalties, court process, record access, and length of convictions in New Hampshire are all covered in this article.

What Is a DWI in New Hampshire?

DWI is defined under RSA 265-A:2 as operating or attempting to operate a motor vehicle while under the influence of alcohol, drugs, or both.

The legal thresholds for impairment in New Hampshire are typically determined by blood alcohol concentration (BAC) and include:

• 0.08% BAC for drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

Regardless of BAC, a driver may also be charged with DWI if they are under the influence of illegal narcotics, prescription medications, or intoxicants.

DWI Penalties in New Hampshire

For repeat offenses, New Hampshire has a 10-year look-back period. The severity of the penalties rises dramatically with each new conviction.

• First DWI Offense (Class B misdemeanor):
  • This can attract a fine of at least $500
  • Offenders may get their license suspended for 9 months to 2 years (reducible to 90 days with alcohol program completion)
  • They may need to attend a mandatory impaired driver intervention program
  • They may need to get an ignition interlock device (IID)
• Second DWI Offense (within 10 years, Class A misdemeanor):
  • This could lead to jail time from 17 days to 1 year (minimum 5 days mandatory)
  • It could attract a fine of at least $750
  • Offenders’ licenses may be revoked for 3 years
  • They may need to get treatment and an IID for their car
• Third DWI Offense (Felony):
  • Jail sentence could include 180 days to 1 year (minimum 180 days mandatory)
  • There could be fines of at least $750
  • The offender’s driver’s license may be suspended (petition for reinstatement possible after 7 years with IID)
• Aggravated DWI (BAC ≥0.16%, excessive speeding, or causing injury):
  • This means a Class A misdemeanor or felony if an injury/death occurs
  • It could lead to harsher fines, mandatory jail, and longer revocations

DWI Arrest and Court Process in New Hampshire

The DWI process in New Hampshire involves both administrative and criminal actions:

1. Traffic Stop and Arrest – Officers may conduct field sobriety and chemical testing. Refusal results in automatic license suspension under New Hampshire’s implied consent law.
2. Booking and Charges – If the driver is found to be intoxicated, they will be processed, fingerprinted, and charged when in the police station.
3. Administrative License Suspension (ALS) – The DMV imposes an immediate suspension for BAC test failures or refusals. Drivers may request a hearing within 30 days.
4. Arraignment – The defendant appears in court, is informed of charges, and enters a plea.
5. Pre-Trial Hearings – Defense may challenge BAC results, officer conduct, or arrest procedures.
6. Trial – If no plea is reached, the case proceeds to trial.
7. Sentencing – Upon conviction, penalties include fines, jail, suspension, IID, and treatment.

Although treatment courts are available for repeat offenders with drug abuse problems, diversion programs are uncommon in DWI cases in New Hampshire.

How to Search for DUI/DWI Records in New Hampshire

DWI records are public in New Hampshire, though access varies depending on the record type:

• New Hampshire Judicial Branch Case Access Portal: The New Hampshire Judicial Branch Case Access Portal enables the public to look up DWI cases by case number or name.
• New Hampshire Division of Motor Vehicles (DMV): The New Hampshire Division of Motor Vehicles (DMV) maintains official driving records, including DWI convictions, suspensions, and IID requirements. Drivers can request their own record.
• Clerk of Court Offices: New Hampshire clerk of court offices provide certified case files and sentencing paperwork.
• New Hampshire State Police Criminal Records Unit: The New Hampshire State Police Criminal Records Unit provides statewide criminal history checks.
• Third-Party Background Check Services: Although they might not always be completely accurate, third-party background check services can offer DWI information.

Records typically include BAC levels, case status, conviction details, and license restrictions.

How Long Does a DWI Stay on Your Record in New Hampshire?

DWI convictions in New Hampshire carry long-term consequences:

• Criminal Record: Unless it is overturned, a DWI conviction is lifelong. Although serious or felony DWI convictions are rarely revoked, New Hampshire permits the revocation of some DWI convictions after ten years for first offenses and longer for additional convictions..
• Driving Record: A conviction for DWI stays on a person's driving record in New Hampshire for ten years and is taken into account when determining their sentence for subsequent offenses.
• Insurance and Employment: If a DWI conviction is not revoked, it may affect insurance rates for three to seven years and be visible to employers indefinitely.

DWI penalties in New Hampshire are severe, ranging from fines and brief jail sentences for first-time offenders to felonies and permanent revocations for repeat offenders. Although “DWI” is the state's official legal word, the term "DUI" is nevertheless frequently used in casual speech.

The courts and DMV have access to records, and although there are few circumstances in which a conviction may be revoked, most convictions are irreversible. Understanding New Hampshire's DWI regulations are essential for researchers, businesses, and drivers because of their enduring effects.