Second Offense DWI/DUI in New Hampshire

Section 265-A:18(IV) of the Revised Statutes set forth the rules regarding a second DUI in New Hampshire. This law establishes the financial and criminal penalties for a second DUI, as well as the “look back” period for prior offenses.

“Look Back” Period

Under New Hampshire law, a court can look back ten years to determine if a DUI offender is a second-time violator. The court can consider any in-state or out-of-state offenses in its consideration. Different penalties apply if the first or prior offense occurred two years or less than the offense currently under the court’s consideration.

Administrative Penalties for Second Time Offenders

An administrative penalty is one levied against an offender by a government agency and not the court. The administrative penalties for second time offenders in New Hampshire include revocation of their driver’s license for no less than three years, attendance at a 7-day multiple DWI offender program and payment of a fine for the program and to reinstate their license at the end of the revocation period.

Criminal Penalties for Second Time Offenders

All second-time DUI offenders in New Hampshire are guilty of a Class A misdemeanor and subject to a fine of no less than $750, regardless of when the prior offense occurred. Additionally, the court in its judgment may order an offender to submit to regular or random alcohol tests and complete an alcohol addiction treatment program.

For offenders whose previous violation occurred two or fewer years previously, the offender must serve at least 30 days in county jail. Offenders whose previously violation occurred more than two but less than ten years previously must serve no less than ten days in county jail.

New Hampshire Class A Misdemeanor

In New Hampshire, a misdemeanor is a crime punishable by up to a year in prison. A felony is a crime punishable by more than a year in prison. The state defines a Class A misdemeanor as a crime punishable by up to a year in prison, in contrast to a Class B misdemeanor, which carries no prison term.

Plea Options

In New Hampshire an offender can plead guilty or not guilty to a second DUI charge. They can also enter into a plea bargain with the prosecuting authority. A plea of guilty usually results in the court levying the statutory penalties against the offender, while a not guilty plea results in a trial to determine the accused individual’s guilt. The terms of a plea bargain can contain anything the offender and prosecuting authority agree to, but because of the state’s laws, usually looks very similar to the statutes governing penalties for second time DUI offenders.

Getting Legal Help

If you have been charged with a second DUI offense, seek legal advice. A lawyer will review New Hampshire’s laws with you and discuss the penalties that might be levied against you.