Penalties for All DWI Offenses & Other Serious Traffic Offenses
Refusing a breath test or providing a sample over the legal limit
Operating after Suspension Subsequent Offense
Possession of Alcohol in a Motor Vehicle
Possession of Drugs in a Motor Vehicle
Transportation of Alcohol by a Minor
Note: All DWI Penalties do not include any loss of license for refusing a test or giving a test over the legal limit. That loss of license (6 months or 2 years) can run in addition to any license loss after being found guilty of the criminal offense.
Class B Misdemeanor, Fine not less than $620. Mandatory Minimum loss of license 9 months, up to 2 years. 6 months can be suspended upon enrolling in an IDIP program within 45 days of conviction. IDIP program is 20 hours, and costs around $500. It must be completed before license is returned. Major violation toward Habitual Offender law. If driver is under 21 minimum one year loss of license. Need SR-22 insurance.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 and penalty assesment. Mandatory Minimum loss of license 18 months, up to 2 years. 6 months can be suspended with Judge's discretion.
Mandatory Jail time Minimum 3 days in jail up to a year in jail.
MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law.Need SR-22 insurance.
If Aggravated DWI is for causing serious bodiliy injury then it is a felony. Mandatory 14 days in jail up to 3 and half years - 7 years in prison. Fine $1000-$4000. Plus other conditions of aggravated DWI.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 plus penalty assesment.
Loss of License: At least 3 years.
If previous DWI was within 2 years then Mandatory Jail time Minimum 30 days in jail up to a year in jail.
If previous DWI was between 2 years and 10 years then Mandatory Jail time Minimum 3 days in jail up to a year in jail.
MOP program (7 day straight in house treatment program) mandatory. MOP program costs around $1200. Major violation toward Habitual Offender law. Need SR-22 insurance. Interlock device 1-2 years.
See RSA 265-A:18 for more details.
Class A Misdemeanor, Fine not less than $750 plus penalty assesment.
Loss of license indefinate. May petition for reinstatement after 5 years.
Mandatory Jail time Minimum 30 days in jail up to a year in jail up to a year. Minimum 6 months deferred jail time.
Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.
See RSA 265-A:18 for more details.
Class B Felony, Fine not less than $750 plus penalty assesment.
Loss of License: Indefinate. May petition for reinstatement after 7 years.
Mandatory Jail time Minimum 30 days in jail up to 7 years in jail.
Minimum 28 day treatment program. Interlock device required. SR 22 insurance required.
See RSA 265-A:18 for more details.
Refusing a breath test or providing a sample over the legal limit
For a first offense 6 months loss of license. For a second offense 2 years loss of license. It runs in addition to any criminal sentence.
If you refused a breath test and have previously been convicted of DWI you will lose your license for 2 years for the refusal alone, which runs in addition to any criminal sentence.
If you drive a vehicle recklessly, you can be charged with reckless driving. (Yes the law is that broad and vague). If you are convicted you face Mandatory loss of license of 60 days. It is also a major motor vehicle violation in regard to the habitual offender law.
See RSA 265:79 for more details.
If you drive a vehicle negligently you can be convicted of negligent driving. The Judge has discretion to give you a 30 day loss of license.
See RSA 365:79-b for more details.
All operating after suspension charges are major violations toward the habitual offender law.
If you drive after your license is suspended for dwi, and are found guilty, you will serve Mandatory 7 days in jail.
See RSA 264:64 for more details
Operating after Suspension Subsequent Offense
Operating after suspension, subsequent offense, is a misdemeanor.
See RSA 264:64 for more details
Possession of Alcohol in a Motor Vehicle
If you possess an open bottle of alcohol in a motor vehicle and are convicted, you will lose your license for 30 days for a first offense, and up to a year for a subsequent offense.
See RSA 265-A:44 for more details.
Possession of Drugs in a Motor Vehicle
If you are found guilty of possessing drugs in a motor vehicle, you will be found guilty of a misdemeanor, and lose your license for a minimum 60 days, up to 2 years.
See RSA 265-A:43 for more details.
In March 2010, Attorney Hynes successfully negotiated a case involving possession of drugs in a motor vehicle to a violation simple possession of drugs, so there was no loss of license, or criminal record.
Transportation of Alcohol by a Minor
If you are under the age of 21, and have alcohol in the car, and are found guilty, you will lose your license for 60 days.
See RSA 265:A:45 for more details.
See Habitual For more Details
Criminal Defense & License Information
Client Testimonials
Kept me out of jail
"I was charged with Aggravated DWI for driving without a license, getting in a car accident, and giving a breath sample of .20. Attorney Hynes explained to me that if I was convicted there would be mandatory jail time, with up to a year in jail. Thankfully, Attorney Hynes was able to point out potential problems with the breath test, and the prosecutor dismissed the aggravated DWI charge, and I was able to stay out of jail."
Danielle T. - Nashua, NH
Avoided Being a Habitual Offender
"I was charged with Conduct after an accident for leaving the scene of an accident. I already had a couple of major moving violations, and one more would make me a habitual offender and make me lose my license for at least a year. I was also facing jail time if convicted. Attorney Hynes took the case to trial and I was found not guilty!"
Craig M. - Manchester, NHNo License Loss
"I was charged with DUI and refused a breath test. I was facing a mandatory six month loss of license just for refusing the test. Other people told me it was an automatic loss and there was nothing that could be done about it. I called Attorney Hynes and he recommended contesting the issue at a hearing at the DMV. He did that, and at the hearing I won and didn't lose my license for refusing the breath test.
John H. - Concord, NH
Experience
"I was charged with a Felony case of Habitual Offender. I was facing a mandatory minimum of one year in prison if convicted. Attorney Hynes was able to convince the prosecutor the charge should only be a misdemeanor, and now I will not have to go to prison.
Steven H. - Manchester, NH
Knows the Law
"I was charged with Driving under the influence of drugs (DUI / DWI). I was facing a license loss of between 9 months and 2 years. Attorney Hynes' knowledge of the law was able to get the charge completely dismissed and I was found Not Guilty. I did not lose my license!
Kimberly C. – Manchester, NH
Great Negotiation
"I am 19 and was charged with possessing alcohol in a motor vehicle. If convicted I faced a mandatory loss of license. I was also on probation with the DMV and any traffic offense would have violated that and I would have had more of a license loss. Attorney Hynes was able to get the charged reduced to simple possession so I didn't lose my license at all.
Marisa D. - Bedford, NH