New Hampshire DUI and DWI Laws: 2026 BAC Limits, Penalties, and License Rules

New Hampshire generally uses the term DWI for impaired-driving offenses. A driver can be charged for operating while impaired by alcohol, a controlled drug, a prescription or over-the-counter medication, or another substance that affects the ability to drive safely. The state also applies separate alcohol-concentration limits for adult, commercial, and under-21 drivers.

New Hampshire DWI penalties can include a minimum fine, court-ordered license revocation, an administrative suspension, impaired-driver education, and screening through an Impaired Driver Care Management Program (IDCMP). Drivers searching for New Hampshire DUI penalties should know that state law generally uses the term DWI. Some qualifying first-time offenders may petition for a limited driving privilege rather than receiving an automatic hardship license. Drivers preparing for the written exam can also use New Hampshire permit test practice.

What Is the Legal BAC Limit for DWI in New Hampshire?

New Hampshire's standard alcohol-concentration limit is 0.08% for drivers age 21 or older. The threshold is 0.04% for a person operating a commercial motor vehicle and 0.02% for a driver under 21.

A BAC reading is not the only basis for a DWI charge. A driver may also be charged when alcohol, cannabis, a controlled drug, a prescription medication, an over-the-counter medication, or another chemical substance impairs the person's ability to drive.

Can Prescription Medication Result in a DWI in New Hampshire?

Yes. A New Hampshire DWI charge can be based on impairment caused by a prescription medication, an over-the-counter medication, a controlled drug, alcohol, cannabis, or another chemical substance when it affects the person's ability to drive safely.

A BAC of 0.16% or higher qualifies as Aggravated DWI. Aggravated DWI may also apply in circumstances such as driving more than 30 mph over the applicable limit, attempting to elude police, carrying a passenger under 16, or causing a collision that results in serious bodily injury.

First Offense DWI in New Hampshire: Fines, Revocation, and Programs

A standard first offense DWI in New Hampshire is a Class B misdemeanor. The court must impose a fine of at least $500, plus the applicable penalty assessment. Screening, education, and any required evaluation or service-plan obligations also apply; those requirements are consolidated in the reinstatement section below.

The court must revoke the driver's license or privilege to drive for at least 9 months and may extend the revocation for up to 2 years. However, the court may suspend up to 6 months of the sentence when the driver completes the required screening, evaluation, education, and service-plan obligations within the required timeframes.

A standard first offense does not carry a mandatory jail sentence. An ignition interlock device is not automatically required in every standard first-offense case, although a court or the Department of Safety may order one. The ignition interlock rules are compared in the reinstatement section.

How Much Does a First DWI Cost in New Hampshire?

There is no single verified all-in total in the available article content. The minimum court fine stated for a standard first DWI is $500 plus the applicable penalty assessment.

• The applicable penalty assessment is added to the minimum fine.
• Relevant IDCMP and impaired-driver program fees may apply.
• Any required evaluation or service-plan obligations must also be completed.
• Proof of financial responsibility is required before restoration and for a limited driving privilege.
• Ignition interlock costs may apply when an IID is ordered or required.

Because the available content does not provide verified amounts for every required component, this article does not calculate a single total DWI cost.

What Is Aggravated DWI in New Hampshire?

Aggravated DWI in New Hampshire carries more serious penalties than a standard first offense. Most first Aggravated DWI offenses are Class A misdemeanors. The minimum fine is $750. The sentence includes at least 17 consecutive days in a county correctional facility, with 12 days suspended if the driver complies with the required evaluation and service plan. This generally leaves 5 days to be served.

The license revocation is at least 18 months and may extend to 2 years. The court may suspend up to 6 months when the statutory compliance requirements are met. Aggravated DWI also carries a post-revocation ignition interlock requirement, summarized in the reinstatement section.

An aggravated case involving serious bodily injury is treated more severely and may be charged as a felony. The exact penalties depend on the facts and the subsection under which the driver is convicted.

First DWI vs. First Aggravated DWI

Penalty	Standard First DWI	First Aggravated DWI
Offense classification	Class B misdemeanor	Usually Class A misdemeanor
Minimum fine	$500 plus applicable penalty assessment	$750
Mandatory incarceration	No mandatory jail sentence stated	17 consecutive days, with 12 days suspended when the stated requirements are met
Minimum court revocation	9 months	18 months
Maximum revocation stated here	2 years	2 years
Ignition interlock	Not mandatory in every case	Required after the revocation or suspension for the period stated below
Education and evaluation	Required	Required

New Hampshire DWI Court Revocation vs. Administrative License Suspension

A New Hampshire DWI license suspension can involve separate consequences through the criminal court case and the Division of Motor Vehicles. The court-ordered revocation follows a DWI conviction, while administrative license suspension in New Hampshire can arise from a qualifying alcohol test result or a chemical-test refusal.

License consequence	Trigger	First-offense period described here	How it interacts with other penalties
Court-ordered revocation	DWI conviction	Standard first DWI: at least 9 months	May overlap with an administrative suspension arising from the same incident
Administrative suspension	Qualifying alcohol test result	Generally 6 months when there is no qualifying prior record	When based on the same incident as the court revocation, the total generally does not exceed the longer period
Refusal suspension	Refusing a requested chemical test	180 days for a first refusal with no qualifying prior DWI or refusal	Generally runs in addition to other license penalties rather than concurrently
Limited driving privilege	Court-approved qualifying first offense	May take effect only after at least 45 days of suspension or revocation	Requires court approval, DMV issuance, and ignition interlock participation

Do Court Revocation and Administrative Suspension Run at the Same Time?

When the court revocation and administrative suspension arise from the same incident, the total generally does not exceed the longer of the two periods. A refusal suspension is different because it generally runs in addition to other penalties rather than concurrently.

How Long Do You Have to Request a New Hampshire Administrative License Hearing?

A driver who receives an administrative suspension notice may request an administrative review or hearing. The request must be made within the deadline stated in the notice. Under the statute described here, a request received more than 30 days after the notice is issued is denied as untimely.

Can You Get a Limited Driving Privilege After a First DWI in New Hampshire?

New Hampshire does not grant an automatic hardship license. Drivers searching for a New Hampshire DWI hardship license are generally looking for what state law calls a limited driving privilege.

Who Qualifies for a Limited Driving Privilege After a New Hampshire DWI?

The eligibility described in this article applies to a person convicted of a qualifying first offense under RSA 265-A:2, I. Commercial-motor-vehicle convictions are excluded. The available content does not separately establish eligibility for Aggravated DWI or for drivers under 21, so those categories are not presented here as qualifying. It also states that at least 45 days of suspension or revocation must be served without separately distinguishing whether that period is measured from a court revocation or an administrative suspension.

The applicant must provide proof of financial responsibility and evidence showing a genuine need to drive for approved purposes, such as:

• Seeking, retaining, or travelling to employment
• Attending alcohol or drug treatment or rehabilitation
• Continuing education or attending job training
• Obtaining required medical treatment for the driver or an immediate family member

The court may grant or deny the petition and can restrict the permitted days, times, locations, and purposes. A court order by itself does not authorize driving: the driver must obtain the limited privilege license from the DMV before driving. Ignition interlock participation is also required for the limited privilege, as summarized in the reinstatement section.

New Hampshire DWI Rules for Drivers Under 21

New Hampshire applies a 0.02% alcohol-concentration limit to drivers under 21. A first administrative suspension based on a qualifying test result is generally 6 months when the driver has no prior refusal, DWI conviction, or administrative suspension.

If a person under 21 is convicted of DWI, the court must revoke the person's license or driving privilege for at least 1 year. The driver must also complete the required IDCMP evaluation process, service plan, and approved impaired-driver education program.

Under-21 drivers should also review New Hampshire teen driving laws for related age-based licensing restrictions.

New Hampshire Breath, Blood, or Urine Test Refusal Penalties

New Hampshire's implied-consent law allows a separate license suspension when a driver refuses a requested blood, breath, or urine test after arrest. These New Hampshire chemical test refusal penalties apply separately from the criminal DWI case.

• First refusal with no prior DWI or refusal: 180-day suspension
• Prior DWI conviction or prior refusal: 2-year suspension

Does Refusing a Breath Test Add Time to a New Hampshire DWI Suspension?

Yes. A refusal suspension generally runs in addition to other license penalties rather than concurrently. Refusal may also be admissible as evidence in a related criminal or civil proceeding.

New Hampshire DWI Reinstatement and Ignition Interlock Requirements

New Hampshire DWI reinstatement requirements are not satisfied simply because the revocation period ends. The driver must complete the required program and financial-responsibility steps before driving privileges are restored.

What Must Be Completed Before a New Hampshire DWI License Is Reinstated?

1. Complete the required alcohol and drug abuse screening.
2. Complete any required substance use disorder evaluation.
3. Follow the IDCMP service plan when one is required.
4. Complete the approved impaired-driver education program.
5. Pay the relevant program fees.
6. Provide proof of financial responsibility.
7. Satisfy any ignition interlock requirement that applies to the offense or driving privilege.
8. Obtain DMV confirmation that full driving privileges are restored before resuming unrestricted driving, or obtain the applicable limited privilege license before driving under that privilege.

When Is Proof of Financial Responsibility Required After a New Hampshire DWI?

Proof of financial responsibility is required as part of the limited-driving privilege process and before restoration of full driving privileges. The requirements described in this article do not identify a separate dollar amount or additional financial-responsibility rule.

Is an Ignition Interlock Required After a First DWI in New Hampshire?

Not in every standard first-offense case. New Hampshire ignition interlock requirements depend on the offense and the type of driving privilege involved.

Situation	Ignition interlock requirement described here
Standard first DWI	Not mandatory in every case, but a court or the Department of Safety may order one
Limited driving privilege	Required during the limited privilege and for one year after full restoration
Aggravated DWI	Required after the revocation or suspension for at least 12 months and up to 2 years

New Hampshire DWI Next Steps: DMV, Court, and Driving Status

• Read every DMV and court notice carefully because the criminal case and administrative suspension follow separate procedures.
• Request an administrative review or hearing within the stated deadline when challenging a suspension.
• Follow the reinstatement sequence above for program, financial-responsibility, and ignition interlock requirements.
• Do not drive until the DMV has restored the license or issued a valid limited privilege license.