First Offense DUI Laws New Hampshire


New Hampshire’s Driving While Intoxicated Statute received an overhaul with the passage of new legislation that went into effect on January 1st, 2013.

The statute penalizing Driving While Intoxicated, NH RSA 265-A:2 was amended:

No person shall drive or attempt to drive a vehicle upon a way or operate or attempt to operate an OHRV;

(A) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic , which impairs a person’s ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive.


If you are convicted of DWI 1st Offense you face the following penalties:

Conviction for a DWI 1st Offense is a Class B Misdemeanor;

You will receive a minimum fine of $500 plus court imposed penalty assessment;

You will be referred to an Impaired Driver Care Management Program or “IDCMP”

You will be required to complete a drug and alcohol screening.  If the screening reveals a likely

substance abuse disorder you will be required to complete a full substance abuse disorder evaluation and thereafter follow the service plan developed from that evaluation;

You will be required to complete an approved Driver Education Program prior to the restoration of your driver’s license or privilege to drive;

You will be required to pay all fees associated with these programs;

You will lose your driver’s license for 9 months and up to 2 years;

You will require SR-22 insurance before you can drive.

The Court may suspend 6 months of the license loss IF you obtain a drug and alcohol abuse screen within 14 days of the conviction and, if required, you complete a full drug and alcohol abuse evaluation within 30 days of conviction AND  you are in compliance with the service plan AND you have completed an approved Drivers Education Program;

The Court may require the installation of an interlock device during the period of sentence reduction.


You need experienced lawyers to fight for you every step of the way.  The law is complex and the penalties severe.  It does not cost you anything to simply pick up the phone and give us a call to discuss your case.



Our telephone number is: 603-595-5525

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