A person commits the standard offense of DWI/DUI (Drunk Driving) if he operates a motor vehicle, on a way (generally speaking, a road or commercial parking lot), while under the influence of an intoxicating liquor or while having an alcohol concentration of .08 or more.  “Under the influence” means that person is impaired by that intoxicating liquor to any degree.

A person charged with a first offense for a standard DWI/DUI (Drunk Driving) faces a class B misdemeanor crime, fined not less than $500.00 (excluding any penalty assessment), and be required to furnish proof of a treatment program before being allowed to get his license back.  For a standard first offense for a DWI/DUI (Drunk Driving), the treatment program is described as an impaired driver intervention program (I.D.I.P.).  The person will also be eligible to lose his license from 9 months to two (2) years.

It is important to note that all penalties for DWI/DUI (Drunk Driving) are increased if the driver is under 21 years of age.

In addition to the penalties imposed in any criminal court, the Department of Motor Vehicles will likely attempt to impose a period of license suspension through an Administrative License Suspension (ALS).  If a driver suspected of DWI/DUI (Drunk Driving) refuses to take a breath test, or produces a breath test of greater than .08 (.02 for someone under 21 years of age), the Department of Motor Vehicles will suspend that person’s license for six (6) months for a first offense and two (2) years for a subsequent offense.

A person commits the class A misdemeanor of Aggravated DWI/DUI (Drunk Driving) if that person operates a motor vehicle, on way, while under the influence of an intoxicating liquor (or having an alcohol concentration of .08 or greater) and:

• Drives at a speed more than 30 miles per hour over the speed limit
• Causes an accident resulting in serious bodily injury (this is a felony charge)
• Attempts to elude pursuit by law enforcement
• Has a passenger under the age of 16

A person can also commit this crime if the drive a motor vehicle on a way while have an alcohol concentration of 0.16 or more.

A person convicted of a standard Aggravated DWI/DUI (Drunk Driving) will be fined not less than $750.00, receive a 10-day sentence (three (3) of which must be served at the house of corrections and seven (7) in a residential treatment facility), and lose his license from 18 months to two (2) years.  This may be in addition to any loss of license incurred during the ALS process. 

A person who commits this crime and causes an accident resulting in serious bodily injury shall be guilty of a class B felony (possibly facing incarceration at the New Hampshire State Prison), fined not less than $1,000.00, and receive a minimum sentence of 21 days, seven (7) of which shall be served at a treatment center, and lose his license from 18 months to two (2) years.  This may be in addition to any loss of license incurred during the ALS process.

Penalties for all DWI/DUI (Drunk Driving) offenses are greater if the person has a prior DWI/DUI Drunk Driving offense.

If you are charged with any DWI/DUI (Drunk Driving) offense, you need an experienced and effective criminal defense attorney to represent you immediately.  A person convicted of any DWI/DUI (Drunk Driving) offense will lose his license, pay heavy fines, be required to receive treatment, and possibly face jail time, it is critical to hire the right lawyers.  The criminal defense lawyers at Wilson, Bush, Durkin & Keefe have the proven record of success to defend you when you need it the most.