Penalties for All DWI Offenses & Other Serious Traffic Offenses

Aggravated DWI

2nd Offense DWI

3rd Offense DWI

4th or Subsequent Offense DWI

Refusing a breath test or providing a sample over the legal limit

Reckless Driving

Negligent Driving

Operating after Suspension

Operating after Suspension Subsequent Offense

Possession of Alcohol in a Motor Vehicle

Possession of Drugs in a Motor Vehicle

Transportation of Alcohol by a Minor

Habitual Offender

Note: All DWI Penalties do not include any loss of license for refusing a test or giving a test over the legal limit. That loss of license (6 months or 2 years) can run in addition to any license loss after being found guilty of the criminal offense.

Simple First Offense DWI

Class B Misdemeanor, Fine not less than $620. Mandatory Minimum loss of license 9 months, up to 2 years. 6 months can be suspended upon enrolling in an IDIP program within 45 days of conviction. IDIP program is 20 hours, and costs around $500. It must be completed before license is returned. Major violation toward Habitual Offender law. If driver is under 21 minimum one year loss of license. Need SR-22 insurance.

See RSA 265-A:18 for more details.

Aggravated DWI

Class A Misdemeanor, Fine not less than $750 and penalty assesment. Mandatory Minimum loss of license 18 months, up to 2 years. 6 months can be suspended with Judge’s discretion.

Mandatory Jail time Minimum 3 days in jail up to a year in jail.

MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law.Need SR-22 insurance.

If Aggravated DWI is for causing serious bodiliy injury then it is a felony. Mandatory 14 days in jail up to 3 and half years – 7 years in prison. Fine $1000-$4000. Plus other conditions of aggravated DWI.

See RSA 265-A:18 for more details.

2nd Offense DWI

Class A Misdemeanor, Fine not less than $750 plus penalty assesment.

Loss of License: At least 3 years.

If previous DWI was within 2 years then Mandatory Jail time Minimum 30 days in jail up to a year in jail.

If previous DWI was between 2 years and 10 years then Mandatory Jail time Minimum 3 days in jail up to a year in jail.

MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law. Need SR-22 insurance. Interlock device 1-2 years.

See RSA 265-A:18 for more details.

3rd Offense DWI

Class A Misdemeanor, Fine not less than $750 plus penalty assesment.

Loss of license indefinate. May petition for reinstatement after 5 years.

Mandatory Jail time Minimum 30 days in jail up to a year in jail up to a year. Minimum 6 months deferred jail time.

Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.

See RSA 265-A:18 for more details.

4th or Subsequent Offense DWI

Class B Felony, Fine not less than $750 plus penalty assesment.

Loss of License: Indefinate. May petition for reinstatement after 7 years.

Mandatory Jail time Minimum 30 days in jail up to 7 years in jail.

Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.

See RSA 265-A:18 for more details.

Refusing a breath test or providing a sample over the legal limit

For a first offense 6 months loss of license. For a second offense 2 years loss of license. It runs in addition to any criminal sentence.

If you refused a breath test and have previously been convicted of DWI you will lose your license for 2 years for the refusal alone, which runs in addition to any criminal sentence.

Reckless Driving

If you drive a vehicle recklessly, you can be charged with reckless driving. (Yes the law is that broad and vague). If you are convicted you face Mandatory loss of license of 60 days. It is also a major motor vehicle violation in regard to the habitual offender law.

See RSA 265:79 for more details.

Negligent Driving

If you drive a vehicle negligently you can be convicted of negligent driving. The Judge has discretion to give you a 30 day loss of license.

See RSA 365:79-b for more details.

Operating after Suspension

All operating after suspension charges are major violations toward the habitual offender law.

If you drive after your license is suspended for dwi, and are found guilty, you will serve Mandatory 7 days in jail.

See RSA 264:64 for more details

Operating after Suspension Subsequent Offense

Operating after suspension, subsequent offense, is a misdemeanor.

See RSA 264:64 for more details

Possession of Alcohol in a Motor Vehicle

If you possess an open bottle of alcohol in a motor vehicle and are convicted, you will lose your license for 30 days for a first offense, and up to a year for a subsequent offense.

See RSA 265-A:44 for more details.

Possession of Drugs in a Motor Vehicle

If you are found guilty of possessing drugs in a motor vehicle, you will be found guilty of a misdemeanor, and lose your license for a minimum 60 days, up to 2 years.

See RSA 265-A:43 for more details.

In March 2010, Attorney Hynes successfully negotiated a case involving possession of drugs in a motor vehicle to a violation simple possession of drugs, so there was no loss of license, or criminal record.

Transportation of Alcohol by a Minor

If you are under the age of 21, and have alcohol in the car, and are found guilty, you will lose your license for 60 days.

See RSA 265:A:45 for more details.

Habitual Offender

See Habitual For more Details