A second DWI in New Hampshire
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Sixty days if the prior is inside two years, seventeen if it is older. New Hampshire is the rare state where the second DWI is priced by how recent the first one was rather than only by the fact of it. Either way the offence rises from a class B misdemeanor with no jail to a class A misdemeanor with a fine of not less than $750 and a mandatory sentence. If the complaint alleges the prior conviction fell within two years of the second offence, the sentence is not less than sixty consecutive days in the county correctional facility, of which thirty are suspended — so thirty are actually served. If the prior is more than two but not more than ten years old, it is seventeen consecutive days with twelve suspended, leaving five. The suspension is conditional in both cases: on release the person must schedule a substance use disorder evaluation within thirty days, complete it within sixty, and comply with the service plan the Impaired Driver Care Management Program develops, and any part of the suspended time may be imposed if they do not. Out-of-state convictions for reasonably equivalent offences count as the prior.
Written any number of ways — a 2nd DWI, a DWI 2nd, a 2nd offense DWI, or a second DWI in NH — and the paperwork will use none of them. New Hampshire charges it under a section number, and that is what decides the range below.
Grade. Class A misdemeanor
Confinement. Not less than 60 consecutive days, 30 suspended — or 17 consecutive days, 12 suspended
Fine. Not less than $750
New Hampshire Revised Statutes § 265-A:18 · N.H. Rev. Stat. § 265-A:18(IV)(a) · checked 2026-09-06
The device is a separate track
New Hampshire runs the program through the DMV and the courts together: a court or the Commissioner of Safety orders the device, and you may drive only vehicles fitted with a New Hampshire-approved one. The certificate of installation goes to the DMV yourself, not through the vendor. If you cannot afford it, RSA 265-A:36 allows a hearing for a credit of up to 75% of installation and service costs.
In New Hampshire the interlock term runs Set by the court and is administered by NH Division of Motor Vehicles, or the court — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
New Hampshire DWI questions
Is there a 2nd DWI in New Hampshire with no jail time?
New Hampshire is the rare state where the second DWI is priced by how recent the first one was rather than only by the fact of it. Either way the offence rises from a class B misdemeanor with no jail to a class A misdemeanor with a fine of not less than $750 and a mandatory sentence. If the complaint alleges the prior conviction fell within two years of the second offence, the sentence is not less than sixty consecutive days in the county correctional facility, of which thirty are suspended — so thirty are actually served. If the prior is more than two but not more than ten years old, it is seventeen consecutive days with twelve suspended, leaving five. The suspension is conditional in both cases: on release the person must schedule a substance use disorder evaluation within thirty days, complete it within sixty, and comply with the service plan the Impaired Driver Care Management Program develops, and any part of the suspended time may be imposed if they do not. Out-of-state convictions for reasonably equivalent offences count as the prior.
How likely is jail time for a second DWI in NH?
Start from what the statute forces and what it leaves to the judge. The floor here is not less than 60 consecutive days, 30 suspended — or 17 consecutive days, 12 suspended. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DWI in New Hampshire?
Class A misdemeanor: not less than 60 consecutive days, 30 suspended — or 17 consecutive days, 12 suspended, and a fine of not less than $750. The range is set by N.H. Rev. Stat. § 265-A:18(IV)(a), and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in New Hampshire?
New Hampshire runs the program through the DMV and the courts together: a court or the Commissioner of Safety orders the device, and you may drive only vehicles fitted with a New Hampshire-approved one. The certificate of installation goes to the DMV yourself, not through the vendor. If you cannot afford it, RSA 265-A:36 allows a hearing for a credit of up to 75% of installation and service costs. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by NH Division of Motor Vehicles, or the court.
Other steps in New Hampshire: first offense penalties.
All New Hampshire DWI rules →Penalties across the states →New Hampshire DUI lawyers →Getting the license back →
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