New Hampshire DWI laws state that any driver over the age of 21 cannot have a blood alcohol level of 0.08% or higher. Those under 21 cannot exceed 0.02%.

Written by Georgina Grant

Reviewed by Kathleen Flear

Updated on Dec 5, 2022

Table of Contents

What is a DWI?
DWI in New Hampshire
Penalties for a DWI in New Hampshire
Does a DWI impact car insurance in New Hampshire?
Other effects of a DWI
How to find cheap insurance after a DWI

Load full table of contents

New Hampshire DWI laws (also known as DUI laws) state that any driver over the age of 21 cannot have a blood alcohol level of 0.08% or higher. Those under 21 cannot exceed 0.02%.

In the U.S., more than 10,000 people are killed on the road every year due to drunk driving crashes.

Driving while under the influence of drugs or alcohol is a dangerous crime, and penalties will vary by state. Even for a first-time offense, drivers will shell out up to $10,000 in fines and legal fees—and it will definitely affect your

New Hampshire car insurance costs

as well.

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What is a DWI?

A DWI means driving while intoxicated or impaired, while a DUI refers to driving under the influence. Each state determines the difference between these two charges, but New Hampshire uses the term "DWI" for these laws.

In some states, the charges are OUI (operating under the influence) or OWI (operating while intoxicated).

MORE:

DUI vs. DWI

DWI in New Hampshire

In New Hampshire, it is illegal to drive or even attempt to operate a vehicle if you are under the influence of a substance that hinders your ability to drive. This refers to both natural and synthetic substances, including:

Alcohol

Controlled substances

Prescription drugs

Over-the-counter drugs.

It is also illegal to drive or attempt to drive if you have a blood alcohol content (BAC) of:

0.08% or higher if you’re 21 or older

0.04% or higher if you have a commercial driver’s license

0.03% or higher if you have a probationary driver’s license

0.02% or higher if you’re under 21

When you are found to be driving while intoxicated or impaired, your charge could be upgraded from a DWI to an aggravated DWI:

if you’re driving more than 30mph over the speed limit

if you’re at fault for an accident with serious injuries

if you try to evade law enforcement officers

if you have a passenger in the car who is under 16 years old

if your BAC is 0.16% or higher

With an aggravated DWI, your penalties will be harsher.

New Hampshire, like every state, has an implied consent law, which specifies that drivers consent to be tested if they are suspected of driving while intoxicated or impaired.

If you are lawfully arrested for a DWI, you must submit to a urine, blood, or breath test. If you refuse, the DMV will revoke your license for six months. If you have been convicted of a DWI or refused a test in the past, your license will be revoked for two years.

MORE:

Tips to get a clean driving record

Penalties for a DWI in New Hampshire

If you are convicted of a DWI in New Hampshire, your penalty will be determined based on how many prior DWIs are on your record and whether or not it’s an aggravated DWI.

Convictions in New Hampshire will remain on your driving record for 10 years.

First offense

Penalty	Description
Fine	$500 to $1,200
Jail	None
License suspension	9 months to 2 years
Vehicle impoundment	No
SR-22 requirement	Yes

Second offense

Penalty	Description
Fine	$750 to $2,000
Jail	17 days to 1 year
License suspension	3 years
Vehicle impoundment	No
SR-22 requirement	Yes

Third offense

Penalty	Description
Fine	$750 to $2,000
Jail	6 months to 1 year
License suspension	Indefinitely
Vehicle impoundment	No
SR-22 requirement	Yes

Sometimes, a judge will suspend a portion of your jail sentence and put you on probation instead for up to two years. You will have to be evaluated and then complete a substance abuse treatment program during this time.

Aggravated DWI

An aggravated DWI is considered a class A misdemeanor and results in the following penalties:

Penalty	Description
Fine	$750 to $2,000
Jail	Up to 1 year
License suspension	18 months to 2 years

An aggravated DWI involving serious injuries is considered a class B felony and results in the following penalties:

Penalty	Description
Fine	$1,000 to $4,000
Jail	2 weeks to 7 years
License suspension	18 months to 2 years

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Does a DWI impact car insurance in New Hampshire?

Yes. Insurance companies take DUI and DWI convictions very seriously, and you’ll be classified as an

high-risk driver

going forward. This means that your auto insurance rates will increase.

It can be hard to find affordable insurance with a DWI on your record, so you’ll probably need to look at a number of different providers in order to find the right policy.

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can quickly compare rates from up to 50 top insurers so that you don’t have to spend time completing online forms and dealing with sales calls.

Additionally, your insurance company will have to

submit an SR-22 filing

on your behalf in order to certify that you meet the

minimum car insurance required in your state

MORE:

SR-22 in New Hampshire: what you need to know

Other effects of a DWI

Besides conviction penalties and higher insurance rates, DWIs can impact your life in other ways.

License revocation: After getting a DWI, you will have your license revoked for at least nine months. This timeline will be extended if you have prior DWIs on your record or if you’re convicted of an aggravated DWI.

Ignition interlock device (IID): These devices stop you from starting your car if you have any alcohol on your breath. You might be required to install one on your vehicle, especially if you are convicted of an aggravated DWI or if you are under 21 years old.

Background checks: DWIs appear on background checks, which could hurt your job prospects in the future.

How to find cheap insurance after a DWI

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