Simple DWI

Aggravated DWI (except for causing an accident with serious bodily injury)

Aggravated DWI for causing an accident with serious bodily injury

2nd Offense

DWI

3rd Offense

DWI

4th or Subsequent Offense DWI

Relevant Statutes

RSAs:

265-A:2;

265-A:18,I(a)

265-A:18,III

RSAs

265-A:3;

265-A:18,II(b);

265-A:36

RSAs:

265-A:3;

265-A:18,I(c);

265-A:36

RSAs:

265-A:2

265-A:3

265-A:18,IV(a);

265-A:36

RSAs:

265-A:2

265-A:3

265-A:18,IV(a);

265-A:36

RSAs:

265-A:2

265-A:3

265-A:18,IV(a);

265-A:36

Elements Of The Offense

1.  Operating or being in actual physical control of a motor vehicle

2. On a public way;

3. While (a) impaired by alcohol or a controlled drug (or a combination of alcohol and controlled drugs) to any perceptible degree, or (b) having a alcohol concentration of at least 0.08. or (c) if the driver is under 21, having an alcohol concentration of at least 0.02. or if driving a commercial vehicle having an alcohol concentration of at least 0.04.

1.  Simple DWI plus one of the following additional elements:

(A) Driving more than 30 miles over the speed limit;

(B) Eluding Pursuit;

(C) Having a passenger under the age of 16;

(C) Having an alcohol concentration of at least 0.16.

1.  Simple DWI; and

2.  Causing an accident which results in serious bodily injury to any person including the driver.

1.  Simple DWI or Aggravated DWI; and

2.  A prior conviction for  DWI or Aggravated DWI or Boating While Intoxicated in any jurisdiction within the last ten years.

1.  2nd Offense DWI; and

2.  Another DWI conviction in any jurisdiction. 

1.  2nd Offense DWI; and

2.  Another two convictions for DWI in any jurisdiction.

Offense Level

Class B Misdemeanor

The court may reduce the offense to a violation upon  motion filed at least one year after the date of conviction.  In deciding whether to grant such a motion, the court may consider the defendant's subsequent driving record, any evidence of alcohol or drug treatment, any hardship that the criminal record may cause, and other facts that the court deems relevant.

Class A Misdemeanor

Class B Felony

Class A Misdemeanor

Class A Misdemeanor

Class B Felony

Jail Time

None

Between 3 days and 1 year, to be followed immediately by 7 days of residential treatment at the Multiple Offender Intervention Detention Center (MOP) at a cost of  approximately $1,200.  Thus, there is a mandatory minimum sentence of 10 consecutive days confinement (3 in jail and 7 at MOP)

Between 14 days and 3 ˝ to 7 years to be followed immediately by the 7 day MOP program.  Thus, there is a minimum mandatory sentence of 21 consecutive days of confinement.

The maximum sentence is 3/12/ to 7 years at the State Prison.  The court could also impose a house of correction sentence of one year or less.

If the prior conviction was entered less than two years before the offense:  30 days to 1 year plus the 7 day MOP.  Thus, there is a mandatory sentence of confinement for  27 consecutive days.

Otherwise, 3 days to 1 year plus the 7 day  MOP program.

There is a thirty day mandatory minimum jail sentence.

The statute is written to require a minimum 6 month sentence, with at least 30 days committed. The balance of the sentence can be deferred.

Between thirty days  at the house of correction (e.g. 6 months all but 30 days deferred)  to 3 ˝ to 7 years at the New Hampshire State Prison.

Fine

Between $500 and $1,200 plus a 20%  penalty assessment.

Between $750 and $2,000 plus a 20% penalty assessment. 

Between $1,000 and $4,000 plus a 20% penalty assessment.

Between $750 and $2,000 plus a 20% penalty assessment..

Between $750 and $2,000 plus a 20% penalty assessment.

Between $750 and $2,000 plus a 20% penalty assessment.

Loss of License

Between 9 months and 2 years with the possibility of reinstatement 6 months early if IDIP classes have begun within 45 days of conviction.   This means that the minimum period of suspension is 3 months.

If the driver is under 21:

Between 1 and 2 years.

If there was a person under the age of 16 in the car: 2 years.

Between 18 months and 2 years with the possibility of reinstatement early if the defendant enters MOP as early as possible.

If the driver is under 21:  Between 1 and 2 years.

If there was a person under the age of 16 in the car: 2 years.

Between 18 months and 2 years with the possibility of reinstatement early if the defendant enters MOP as early as possible.

If the driver is under 21: Between 1 and 2 years.

If there was a person under the age of 16 in the car: 2 years.

3 years.

Indefinite loss of license.  Defendant may petition for reinstatement after 5 years.

If the driver has a prior negligent homicide conviction:  No petition may be filed for 7 years.

Indefinite loss of license.

Defendant may petition for reinstatement after 7 years.

Treatment

 Phase I Impaired Driver Intervention Program (approximately 20 hours of instruction) plus reccommended  follow up treatment (twelve step meetings, alcohol counseling, etc.).  The Court may also order additional treatment.

If the driver previous completed or was required to complete a phase I program in any jurisdiction then:  7 day residential MOP or Phase II program.

If there was a person under the age of 16 in the car:  7 day residential MOP or Phase II program.

In addition to all of the above, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

7 day MOP program.  Failure to complete the program will result in a fourteen day jail sentence.  The court may order additional treatment.

In addition, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

7 day MOP program.  Failure to complete the program will result in a fourteen day jail sentence.  The court may order additional treatment.

In addition, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

7 day MOP program.

Failure to complete the program will result in a fourteen day jail sentence.  The court may order additional treatment.

In addition, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

28 day residential program or intensive course of substance  abuse treatment based on formal LADAC evaluation and approved by HHS.  The court may order additional treatment.

In addition, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

28 day residential program or intensive course of substance  abuse treatment based on formal LADAC evaluation and approved by HHS.  The court may order additional treatment.

In addition, the court may also sentence the defendant to any further drug and alcohol counselling or treatment deemed appropriate and may require random urine or other  tests.

Ignition Interlocks on all vehicles registered to the defendant and all vehicles used by the defendant on a regular basis

None required, but--

The court has discretion to require an ignition interlock for 1-2 years if the defendant has a prior DWI conviction (even though it is not stated on the complaint); and

For drivers under 21:  The court has discretion to require ignition interlocks until age 21.

1-2 years

Insurance

Must post an SR22 form which provides proof of liability insurance.

same

same

same

same

same

Suspension of Privilege To Operate A Motor Boat

Reinstatement Fee

Yes

Yes

Yes

Yes

Yes

Yes

Demerit Points

6

6

6

6

6

6