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DWI Penalties

RSA 265-A:18 — a first offense is a class B misdemeanor, a $500 minimum fine and at least 9 months without a license

OffenseClassFine at leastLicense
OffenseFirstClassClass B misdemeanorFine at least$500LicenseRevoked at least 9 months, up to 2 years
OffenseSecondClassClass A misdemeanorFine at least$750LicenseRevoked at least 3 years
OffenseThirdClassAs a secondFine at least$750LicenseRevoked indefinitely, at least 5 years
OffenseFourth or moreClassFelonyFine at least$750LicenseAs a third and more
  • RSA 265-A:18
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Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.

A first offense also means a referral to an impaired driver care management program, an alcohol and drug screening within 14 days of conviction for a first time offender, an approved impaired driver education program before the license is restored, and an online victim impact panel.

  • RSA 265-A:18

Jail on a second offense. A second offense within 2 years of the first carries a mandatory 60 consecutive days in the county correctional facility; more than 2 but not more than 10 years after, 17 consecutive days. A third carries 180 consecutive days, of which 150 are suspended.

  • RSA 265-A:18

A first conviction may be reduced to a violation on a motion filed at least one year after it.

  • RSA 265-A:18

Prior convictions within 10 years make an offense a second or later one. The parts of each sentence that may be suspended, and their conditions, are in the section.

  • RSA 265-A:18
Sources for this section (1)
  1. RSA 265-A:18 — Penalties for Intoxication or Under Influence of Drugs Offenses

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.

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