New Hampshire DWI Laws: Penalties, BAC & License (2026)

In New Hampshire the offense is called driving while intoxicated (DWI), and under RSA 265-A:2 it is unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more, or while impaired by alcohol or drugs. A first DWI is a class B misdemeanor carrying a fine of at least $500 and a license revocation of 9 months to 2 years under RSA 265-A:18.

This guide is part of our DUI Laws by State series.

What counts as a DWI in New Hampshire

New Hampshire's core impaired-driving statute, RSA 265-A:2, creates two ways to charge a DWI. The first covers driving while under the influence of alcohol or any controlled drug, and the second is the per se rule: it is unlawful to drive with a BAC of 0.08 percent or more. A driver below 0.08 can still be convicted if the State proves actual impairment. Drivers under 21 fall under a 0.02 percent zero-tolerance limit, and commercial drivers are held to 0.04 percent under RSA 263:94. A BAC of 0.16 percent or more raises the charge to aggravated DWI under RSA 265-A:3. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DWI penalties in New Hampshire (fines, programs, license)

A first DWI is a class B misdemeanor under RSA 265-A:18, which means it carries no jail time for a simple first offense but does impose a fine of not less than $500 plus a penalty assessment. The statute requires the driver to be referred to an Impaired Driver Care Management Program (IDCMP), to complete alcohol and drug screening within 14 days of conviction, to finish a state-approved impaired driver education program, and to complete a victim impact panel before the license is restored. The license revocation runs from 9 months to 2 years, though the court may suspend up to 6 months of the minimum if the driver completes the screening and complies with the IDCMP service plan. Mandatory jail attaches only to aggravated DWI and repeat offenses, not to a simple first offense.

Watch out: The administrative license suspension and the criminal case are two separate proceedings. You can resolve the criminal charge and still lose your license through the administrative suspension, and you generally must request a hearing within 30 days of the notice to contest it.

Ignition interlock requirements in New Hampshire

New Hampshire does not require an ignition interlock device on every first DWI, which sets it apart from states that mandate the device for all offenders. Under RSA 265-A:36, an interlock is mandatory for an aggravated DWI and for any second or subsequent DWI. On a simple first offense the court may order an interlock in its discretion, but it is not automatic. When the device is required, it must be installed for not less than 12 months and not more than 2 years, and it runs after the period of revocation ends rather than during it. For drivers under 21, the device stays in place until age 21 or for at least 12 months, whichever is longer. The interlock requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading.

License suspension and the administrative (ALS) process in New Hampshire

New Hampshire runs two suspension tracks at once. The administrative license suspension (ALS) is a Division of Motor Vehicles action against the driving privilege based on the arrest, independent of the criminal court outcome. Under RSA 265-A:30, a driver 21 or older who fails the chemical test with no priors faces a 6-month administrative suspension, while a driver with a prior DWI, prior refusal, or prior ALS faces a 2-year suspension. The arresting officer serves a notice that also acts as a temporary permit, and the suspension takes effect about 30 days later unless the driver requests an administrative hearing under RSA 265-A:31. A separate court revocation of 9 months to 2 years follows a conviction under RSA 265-A:18. After a DWI, New Hampshire also requires the driver to file proof of financial responsibility, an SR-22 certificate, for at least 3 years, per the New Hampshire DMV.

Repeat offenses and the New Hampshire look-back period

New Hampshire counts prior DWIs within a 10-year look-back window under RSA 265-A:18, so penalties escalate sharply for offenses inside that period. A second DWI within 10 years carries mandatory jail and a 3-year revocation, and a third offense carries enhanced jail and an indefinite revocation with a 5-year minimum before the driver may petition for restoration. The felony threshold by offense count is the fourth offense, which is a felony under RSA 265-A:18. Separately, an aggravated DWI that causes serious bodily injury under RSA 265-A:3 is a class B felony regardless of offense number, so even a first DWI can be a felony if it injures someone. A negligent homicide committed while driving intoxicated is a felony under RSA 630:3.

Watch out: Refusing a chemical test does not protect your license and usually makes it worse. A first refusal triggers a 180-day administrative suspension that runs consecutively to any other penalty, and a refusal with a prior DWI or prior refusal results in a 2-year suspension.

Refusing a breath or blood test in New Hampshire

New Hampshire's implied consent law means that by driving in the state you have agreed to submit to a chemical test of blood, breath, or urine if lawfully arrested for DWI. Under RSA 265-A:14, a first refusal with no prior DWI conviction results in a 180-day license suspension, and a refusal by a driver with a prior DWI conviction or a prior refusal results in a 2-year suspension. These refusal suspensions run consecutively, meaning they are added on top of any other suspension rather than served at the same time. Because the refusal suspension is longer than the 6-month administrative suspension for failing the test, refusing rarely helps and often hurts. The refusal can also be raised in the criminal case.

Can you expunge or seal a DWI in New Hampshire

New Hampshire uses the term annulment for clearing a criminal record, and a DWI conviction can be annulled, but only after a long wait. The general annulment statute, RSA 651:5, expressly carves out DWI and routes it to RSA 265-A:21, which provides that no court may order an annulment of a DWI conviction until 10 years after the date of conviction. Even after annulment, the record is kept in a permanent file and can be opened for sentencing if the person is later charged with an aggravated DWI, so the prior still functions as a prior for enhancement. The waiting period runs from the date of conviction, not from the completion of the sentence. Drivers seeking annulment must also have satisfied all conditions of the original sentence.

What to do after a DWI arrest in New Hampshire

A New Hampshire DWI generates two matters at once: a criminal case in the circuit court and an administrative license case at the DMV. The deadlines are short, so a common first step is to request a DMV administrative hearing within 30 days of the notice of suspension, because missing that window generally lets the administrative suspension take effect automatically. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed New Hampshire DWI attorney to understand the charge, the hearing deadline, and the options for both the criminal case and the license case. Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.