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A DWI arrest in New Hampshire starts two cases at once. One is the criminal charge under RSA 265-A, heard in the Circuit Court. The other is an administrative license suspension through the Department of Safety, which can take your license before your first court date.
Attorney Kalie Lydon has defended DWI cases for years and spent six years on the other side of them as the prosecuting attorney for the Hudson Police Department. She also wrote A Practical Guide to Trying DWI Cases in NH, published by the NH Bar's continuing legal education program in 2010. Lydon Law represents drivers from offices in Nashua and Portsmouth.
The first deadline arrives fast. If you want an ALS hearing, the Bureau of Hearings must receive your written request within 30 days of the notice.
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RSA 265-A:2 makes it a crime to drive while under the influence of alcohol or drugs, or with a blood alcohol concentration at or above the legal limit. The limits depend on who is driving:
The State can also try to prove you were under the influence through driving behavior, field sobriety tests and officer observations, even without a test result over the limit.
A standard first offense is a class B misdemeanor. The fine is at least $500 plus the penalty assessment, and your license is revoked for at least 9 months, up to 2 years. There is no mandatory jail and no mandatory ignition interlock for a standard first offense. If you were under 21 at the time, the revocation is at least 1 year.
The court may suspend up to 6 months of the revocation if you complete the screening, evaluation, service plan and education requirements described below.
RSA 265-A:3 raises the charge to aggravated DWI when the State alleges DWI plus one added factor, such as:
Aggravated DWI is a class A misdemeanor. It carries a fine of at least $750, at least 17 consecutive days in jail with 12 suspended (5 days served), a revocation of at least 18 months and a mandatory ignition interlock.
A second DWI within 10 years is a class A misdemeanor with a fine of at least $750. If the prior conviction was within 2 years, the minimum is 60 consecutive days in jail with 30 suspended. If it was 2 to 10 years earlier, the minimum is 17 days with 12 suspended. The revocation is at least 3 years, and you must attend a victim impact panel.
Aggravated DWI that causes serious bodily injury is a class B felony. The minimum penalties are a $1,000 fine, 35 consecutive days in jail with 21 suspended, an 18-month revocation and an ignition interlock. Felony charges move to the Superior Court.
By driving in New Hampshire, you are deemed to consent to a chemical test after a DWI arrest. Refusing carries its own suspension under RSA 265-A:14, separate from the criminal case: 180 days for a first refusal (9 months for refusals on or after Jan. 1, 2027). With a prior refusal or DWI conviction, it is 2 years, rising to 3 years for refusals on or after that date. If you took a test and the result was at or over the limit, the administrative suspension under RSA 265-A:30 is 6 months, or 2 years with a prior.
You can challenge either suspension at an ALS hearing before the NH Department of Safety, Bureau of Hearings. The request must be received within 30 days of the date the notice was issued. Phone requests are not accepted; you can file online, by email, by mail or by fax. In-person hearings are held in Concord and Dover, and you can ask in writing to appear by phone or WebEx.
The hearing is run by a hearings examiner, who is an attorney. Testimony is under oath and the hearing is recorded. The issues include whether the officer had reasonable grounds for the stop, whether you were arrested, whether you refused or tested over the limit, and whether you were given the required advisements, including your right to an independent test.
New Hampshire now uses the Impaired Driver Care Management Program (IDCMP) under RSA 265-A:18 and 265-A:40. After a first-offense conviction, you must complete an alcohol and drug screening within 14 days. If the screening shows a likely substance use disorder, a full evaluation is due within 30 days. You then follow the service plan and complete a state-approved impaired driver education program before your license is restored.
Starting the screening on time matters because the possible 6-month reduction in your revocation depends on finishing these steps.
Misdemeanor DWI charges are heard in the Circuit Court, District Division. Arrests in the Nashua area typically go to the 9th Circuit District Division in Nashua at 30 Spring Street. Seacoast arrests typically go to the 10th Circuit District Division in Portsmouth at 111 Parrott Avenue. Other 10th Circuit district courts sit in Brentwood, Candia, Derry, Hampton and Salem.
A typical misdemeanor case moves through these stages:
The ALS hearing runs on its own track at the Bureau of Hearings, often before the criminal case is resolved.
Attorney Lydon spent 2006 to 2012 prosecuting cases for the Hudson Police Department. She knows how a DWI file is assembled: the stop, the field sobriety tests, the arrest paperwork, the implied consent form and the test record. Each step has rules, and she reviews whether the officer followed them.
Her 2010 guide to trying DWI cases in New Hampshire was published as a continuing legal education text for the NH Bar. With more than 20 years of practice in New Hampshire, she gives you a straight assessment of the evidence and of the realistic options in your case. She is a member of the NH Association of Criminal Defense Lawyers.
Lydon Law represents DWI clients in Hillsborough and Rockingham Counties. Cases are regularly heard at the 9th Circuit District Division in Nashua, the 10th Circuit District Division in Portsmouth and other 10th Circuit locations. Felony cases go to Hillsborough County Superior Court South in Nashua or Rockingham County Superior Court in Brentwood, and ALS hearings to Concord or Dover.
The 30-day ALS deadline does not wait for your court date. Call Lydon Law at 603-882-3344 or request a confidential consultation online. Meetings are available at the Nashua office and, by appointment, the Portsmouth office.
The NH Department of Safety, Bureau of Hearings must receive your written request within 30 days of the date the suspension notice was issued. A late request is denied. Phone requests are not accepted, so file online, by email, by mail or by fax, and file early, because the Bureau counts the date it logs the request.
A standard first offense under RSA 265-A:18 is a class B misdemeanor with a fine of at least $500 plus the penalty assessment and a license revocation of 9 months to 2 years. You must complete IDCMP screening and an impaired driver education program. There is no mandatory jail for a standard first offense. Aggravated DWI carries mandatory jail.
A refusal brings a license suspension under RSA 265-A:14 that is separate from the criminal case. A first refusal means 180 days (9 months for refusals on or after Jan. 1, 2027). With a prior refusal or DWI conviction, the suspension is 2 years, or 3 years for refusals on or after that date. You can contest it at an ALS hearing.
Aggravated DWI that causes serious bodily injury is a class B felony under RSA 265-A:3 and 265-A:18. The minimum penalties include a $1,000 fine, 35 consecutive days in jail with 21 suspended, an 18-month revocation and an ignition interlock. Felony charges are prosecuted in the Superior Court rather than the District Division.
IDCMP is the Impaired Driver Care Management Program, which replaced the older IDIP terminology. After a DWI conviction you complete an alcohol and drug screening within 14 days and, if the screening calls for it, a full evaluation within 30 days. You then follow the service plan and complete impaired driver education before your license can be restored.
Yes. An administrative suspension for a test over the limit, or a refusal suspension, can begin before the criminal case is resolved. That is why the 30-day ALS hearing request matters. The hearing gives you a chance to challenge the suspension and to hear the officer's account under oath.
If you were charged with drunk driving, contact the DWI attorneys at Lydon Law today.
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