Charged With DWI in New Hampshire? Your License Clock Started the Moment You Were Arrested
If you were arrested for DWI in New Hampshire, two separate cases just opened against you: a criminal charge under RSA 265-A and a quieter administrative one at the Division of Motor Vehicles that can suspend your license before you ever see a judge. You have only 30 days to fight the DMV suspension, and the deadline runs whether or not you know it exists. Call 1-844-690-0555 now for free legal information, available 24/7, in plain English. It is information, not legal advice, and the call creates no attorney-client relationship.
Free legal information. Not legal advice. Available 24/7 across New Hampshire.
DWI Defense in New Hampshire — what to do right now
Do three things right now. First, find the pink copy of the Administrative License Suspension (ALS) form the officer gave you, because the instructions on the back start a 30-day clock to request a DMV hearing. Second, write down everything you remember about the stop, the breath or blood test, and what the officer said, while it is fresh. Third, before you talk to a prosecutor, an insurer, or the DMV, call 1-844-690-0555 for free legal information about both your criminal charge and your separate license suspension. The line is open 24/7 and there is no income test and no web form.
The law in New Hampshire: DWI Defense
In New Hampshire, a DWI arrest triggers two completely separate proceedings. The criminal case is prosecuted in the Circuit Court (District Division) under RSA 265-A:2, the state's Driving While Intoxicated statute. At the very same time, the NH Department of Safety, through the Division of Motor Vehicles, runs an Administrative License Suspension (ALS) that is purely civil and does not require any conviction. The ALS can take your license even if your criminal charge is later dismissed. People who focus only on the court date routinely lose their license by default to the DMV side they never answered.If you failed a breath test (0.08 or higher) or refused testing, the officer typically takes your license and hands you a temporary one that lasts 30 days. To stop the suspension you must request an ALS hearing in writing with the NH Department of Safety within 30 days of your arrest (or, for a blood test, within 30 days of the notice of suspension). Miss it and the suspension takes effect automatically and the right to that hearing is gone for good. The refusal suspension itself runs under RSA 265-A:14: 180 days for a first refusal, and 2 years if you have a prior DWI or refusal within 10 years, and that period does not run concurrently with any court-ordered suspension.
New Hampshire's per se limits are a 0.08 BAC for adult drivers, 0.04 for commercial drivers, and a zero-tolerance 0.02 for drivers under 21 (RSA 265-A:2). A standard first DWI is a class B misdemeanor with no jail, but it carries a fine of not less than $500, license revocation of 9 months to 2 years, and a mandatory referral to an Impaired Driver Care Management Program (IDCMP) under RSA 265-A:40. An Aggravated DWI under RSA 265-A:3, triggered by a BAC of 0.16 or higher, driving more than 30 mph over the limit, carrying a passenger under 16, eluding police, or causing injury, is a class A misdemeanor carrying mandatory jail. A DWI that causes serious bodily injury, and a third or subsequent offense, cross into felony territory.
Reinstatement is not automatic when the suspension ends. Under RSA 265-A:40 you must complete an IDCMP, which begins with a screening (the statute requires it within 14 days of the court order) and may lead to a full substance-use evaluation and treatment plan. For an aggravated or repeat offense, RSA 265-A:36 requires an ignition interlock device for 12 months to 2 years after the revocation period. You will also pay a reinstatement fee (currently $100) and typically file an SR-22 insurance certificate for three years. A good defense aims to shorten or avoid these long-tail costs, not just the court date. Call 1-844-690-0555 to understand which of these apply to you.
Key Statutes (RSA)
- RSA 265-A:2 — Driving While Intoxicated (per se limits 0.08 adult, 0.04 commercial, 0.02 under-21)
- RSA 265-A:3 — Aggravated DWI (0.16 BAC, 30+ mph over, passenger under 16, injury, eluding)
- RSA 265-A:14 — Refusal of consent (implied consent suspensions)
- RSA 265-A:18 — Penalties for intoxication offenses (first, second, third+)
- RSA 265-A:36 — Alcohol Ignition Interlock Program
- RSA 265-A:40 — Impaired Driver Care Management Programs (IDCMP)
Courts & Agencies
- Circuit Court, District Division — where most DWI charges are heard (10 circuits, ~34 locations)
- Superior Court — felony DWI and the only forum for a jury trial (11 locations across 10 counties)
- NH Department of Safety / Division of Motor Vehicles — runs the separate Administrative License Suspension (ALS)
- NH Supreme Court (Concord) — the state's only appellate court
- Statewide court information line: 1-855-212-1234
Penalties & Deadlines
- ALS hearing request: within 30 days of arrest (or notice of suspension for a blood test)
- First DWI: class B misdemeanor, fine $500+, license loss 9 months–2 years, IDCMP
- Aggravated DWI: class A misdemeanor, 17 days jail (12 suspended, 5 served), 18 months–2 years loss
- Refusal: 180-day suspension (first), 2 years with a prior DWI/refusal within 10 years
- Third+ offense within 10 years: felony, indefinite revocation, minimum 5 years before re-applying
The suspension you never went to court for
Here is what catches Granite Staters off guard: the suspension that hurts you first usually has nothing to do with a judge. When you were arrested, the officer almost certainly handed you a pink Administrative License Suspension form. On its back are instructions to request a hearing with the NH Department of Safety, and you have just 30 days from your arrest to send that request in writing. People assume their court date is the thing to worry about and let the 30 days slide by. By the time the criminal case is even scheduled, the DMV has already suspended their license by default, for 180 days on a refusal under RSA 265-A:14 or longer with a prior, and that hearing right is gone forever. You cannot get it back. If you were arrested in the last month, the clock is running right now. Call 1-844-690-0555 for free legal information before that window closes.
Likely outcomes & penalties
Outcomes depend on your BAC, your record, and whether aggravating factors apply. These are realistic current New Hampshire ranges, not promises, and your case may differ.Mistakes to avoid
How it works
Free & low-cost DWI Defense help in New Hampshire
These New Hampshire resources can help with the surrounding civil fallout, finding affordable counsel, or representing yourself if you cannot afford a private DWI attorney. Note that free civil legal-aid programs generally do not take criminal DWI cases, but the referral and self-help options below can point you to the right counsel fast.
FAQ — DWI Defense in New Hampshire
I was just arrested for DWI in New Hampshire. What is the single most urgent thing to do?
Find the pink Administrative License Suspension form the officer gave you and act on it. You have only 30 days from your arrest to request a DMV hearing in writing, or your license is suspended automatically, regardless of your criminal case. Call 1-844-690-0555 right now for free legal information on how to protect that deadline.
What is the legal BAC limit in New Hampshire?
Under RSA 265-A:2 it is 0.08 for adult drivers, 0.04 for commercial drivers, and a zero-tolerance 0.02 for anyone under 21. A BAC of 0.16 or higher pushes you into Aggravated DWI under RSA 265-A:3 with mandatory jail. To understand which limit applies to your charge, call 1-844-690-0555 for free legal information.
Why do I have two cases from one DWI arrest?
New Hampshire runs a criminal case in the Circuit Court under RSA 265-A and a separate civil Administrative License Suspension at the Division of Motor Vehicles. The DMV can suspend your license without any conviction, and even if your criminal charge is dropped. They have different rules and different deadlines. Call 1-844-690-0555 to learn how both affect you.
I refused the breath test. Did that help me?
Not by itself. Refusing triggers an automatic suspension under RSA 265-A:14, 180 days for a first refusal and 2 years if you have a prior DWI or refusal within 10 years, and it does not run concurrently with any court suspension, so the periods stack. There can still be strategic reasons it matters in your case. Call 1-844-690-0555 for free legal information about your refusal.
Will a first DWI send me to jail in New Hampshire?
A standard first DWI is a class B misdemeanor with no mandatory jail, but it carries a $500+ fine, a 9-month to 2-year license loss, and a mandatory IDCMP. If it is charged as Aggravated DWI (0.16+ BAC, a passenger under 16, an injury, or eluding police), jail becomes mandatory. Call 1-844-690-0555 to find out which category your charge falls into.
What is the IDCMP and do I have to do it?
The Impaired Driver Care Management Program under RSA 265-A:40 is mandatory for a DWI conviction. It starts with a screening (required within 14 days of the court order), and may lead to a full evaluation and treatment plan. You cannot reinstate your license until you complete it. Call 1-844-690-0555 for free legal information on what the program involves.
How long until I can drive again, and what does reinstatement involve?
Beyond the revocation period, you must complete the IDCMP, pay a reinstatement fee (currently $100), and usually file an SR-22 insurance certificate for three years. Aggravated and repeat offenses add an ignition interlock device for 12 months to 2 years under RSA 265-A:36. A first offender can sometimes petition to cut the loss of license to 90 days. Call 1-844-690-0555 to map out your path back to driving.
When does a New Hampshire DWI become a felony?
A DWI that causes serious bodily injury can be charged as a class B felony under RSA 265-A:3, and a third or subsequent offense within the relevant lookback period is a felony with indefinite license revocation (minimum 5 years before you can even petition to re-apply). These are high-stakes charges. Call 1-844-690-0555 immediately for free legal information if you are facing one.
I live out of state but was arrested in New Hampshire. Does the ALS still apply?
Yes. The 30-day deadline to request a DMV hearing applies regardless of where you live, and a New Hampshire suspension can be reported to your home state. Out-of-state residents can usually complete IDCMP requirements through a program in their home state if it is properly registered. Call 1-844-690-0555 to understand how this works for you.
Does Legal Hotline represent me or go to court for me?
No. Legal Hotline is not a law firm and not a public defender. We give free legal information, not legal advice, and the call creates no attorney-client relationship. If you want representation, we can help you arrange a paid consultation with a New Hampshire-licensed DWI attorney. Start by calling 1-844-690-0555, free and open 24/7.
Can I afford this? Is the call really free?
The call to 1-844-690-0555 is genuinely free, available 24/7, with no income test and no web form. Hiring a private DWI attorney is a separate paid step, and if cost is a concern, the NH Bar's Modest Means program (603-715-3290) and Lawyer Referral Service ($25 for a 30-minute consult) can help. Call the hotline first to understand your options.
Are you a New Hampshire DWI defense attorney?
Join our referral network. We field calls from Granite Staters across Manchester, Nashua, Concord, Derry, Dover, Rochester, Salem, Portsmouth, Keene, and Laconia who have just been arrested and need counsel fast, often inside the 30-day ALS window. If you are licensed in New Hampshire and defend DWI cases, we would like to connect you with clients who are ready to act. Reach out to learn how the network works.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Your 30 days are already counting down. Call now.
A New Hampshire DWI moves on two clocks at once, and the DMV's is the one most people miss until it is too late. Before you talk to a prosecutor or let the ALS deadline pass, get clear, free legal information about your RSA 265-A charge and your license suspension. Call 1-844-690-0555 now, free and open 24/7, no income test, no web form. It is legal information, not legal advice, and it creates no attorney-client relationship, just the facts you need to make the next move.
Free legal information. Not legal advice.