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
| Offense | Class | Fine at least | License |
|---|---|---|---|
| OffenseFirst | ClassClass B misdemeanor | Fine at least$500 | LicenseRevoked at least 9 months, up to 2 years |
| OffenseSecond | ClassClass A misdemeanor | Fine at least$750 | LicenseRevoked at least 3 years |
| OffenseThird | ClassAs a second | Fine at least$750 | LicenseRevoked indefinitely, at least 5 years |
| OffenseFourth or more | ClassFelony | Fine at least$750 | LicenseAs a third and more |
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.
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.
A first conviction may be reduced to a violation on a motion filed at least one year after it.
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.
Sources for this section (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.