The facts about DWI / DUI
In New Hampshire, DWI and DUI both stand for driving while under the influence of intoxicating liquor or drugs. A person who drives or is in actual physical control of a motor vehicle, upon a way, and who is impaired to any degree from the use of drugs or alcohol, can potentially be convicted of DWI.
It is important to understand that an operator only has 30 days to contest an initial driver’s license suspension and request a hearing at the NH DMV.
There are four DWI charges. They are:
• DWI (first offense) – Class B Misdemeanor
◦ .08% blood alcohol level, and/or impairment to any degree from alcohol.
◦ Minimum fine of $500.00 (plus a 24% penalty assessment), and 9 months up to 2 years loss of license, completion of the impaired driver care management program.
• Aggravated DWI – Class A Misdemeanor
◦ .16% blood alcohol level (or other factors such as excessive speed and attempts to elude police while under the influence of alcohol) Minimum fine of $750.00; license loss for 18 months up to 2 years (may petition the Court to reduce to 12 months after completion of the alcohol program. Minimum 5 days in the House of Correction and completion of the relevant alcohol education program. Interlock device will be required at the time of restoration.
• DWI, 2nd, or subsequent offense – Class A Misdemeanor
◦ Prior conviction of DWI within the last 10 years. Minimum fine of $750.00; loss of license for 3 years, minimum. If prior conviction within 2 years, 37 days House of Correction sentence including the relevant alcohol education program.
• Felony Aggravated DWI
◦ Accident resulting with serious bodily injury. Minimum fine of $1000.00. Potential NH State Prison Sentence.