NH 2nd DWI & 3rd DWI Penalties

Penalities2nd Offense DWI*3rd Offense DWI*
JailDWI within 2 years of 1st DUI:
60 days – 1 yr
(30 days suspended if substance abuse program completed)

DWI outside 2 yrs, but within 10 yrs of 1st DUI: 17 days – 1 yr
(12 days suspended if substance abuse program completed)
180 days – 1yr
(150 days suspended if substance abuse program completed)
Fine$750 – $2000$750 – $2000
License Suspension3 yrsIndefinitely, with possibility of reinstatement in 5 yrs
Ignition Interlock RequiredRequired prior to license reinstatementRequired prior to license reinstatement
Insurance/SR22Required prior to license reinstatementRequired prior to license reinstatement
Full Alcohol & Drug Evaluation/Substance Abuse PlanRequired, with potential need to do substance abuse plan (required to regain license early and avoid serving full jail sentence)Required, with potential need to do substance abuse plan (required to regain license early and avoid serving full jail sentence)

*NH 2nd DWI & 3rd DWI:  Look back period for a prior DWI: 10 years
*NH 2nd DWI & 3rd DWI:  Traveling with someone under 16: Requires DWI School

NH 2nd DWI & 3rd DWI Mandatory Jail Time

The jail time imposed for a second offense DWI in NH will depend on whether the 2nd DWI occurred within 2 years of the last DWI, or outside 2 years (but within 10 years).  If the 2nd DWI occurred within 2 years, then there is a minimum jail sentence of 60 days, and for a 2nd DWI outside 2 years it’s 17 days.  For a 3rd DWI the minimum jail time is 180 days.

NH 2nd DWI & 3rd DWI Additional Penalties

Aside from the minimum mandatory jail time for a 2nd DWI and 3rd DWI, there is a minimum fine of $750, and license suspension of 3 years for a 2nd DWI, and indefinite license suspension for a 3rd DWI.  The Court will also require a full alcohol and drug evaluation, with the potential need for the completion of a substance abuse plan, and random unrinalysis.

Administrative License Suspension

This administrative suspension is separate from the suspension for the drunk driving criminal charge (if convicted).  If you took the breath or blood test, the administrative suspension will be concurrent (simultaneous) with the criminal case suspension.  If you refused, the suspension will be tacked onto whatever DWI suspension you received in the criminal case.

2nd  Time Alcohol Level Above Legal Limit:  2 year suspension
2nd Refusal to take the Breath or Blood Test:  2 year suspension

For example, if your refused the breathalyzer, and your license suspension in the criminal case is 3 years, and the administrative suspension is for 2 years, then the total suspension will be 3 years + 2 years, for a total of 5 years.  However, if you took the breathalyzer or blood test, and went over the legal limit, then it would only be for 3 years.

Call for a Free Consultation.  603-836-6715