DWI-1st offense, class B misdemeanor (driver 21 or older) is by far the most common type of DWI case we handle. Most individuals facing this charge have to defend an Administrative License Suspension (ALS) for either providing a breath or blood test over the .08 legal limit, or refusing any test that the police request after reading the ALS form. Here are some things you need to know:

"1st offense" does not mean 1st offense

"1st offense" does not mean, literally, first offense. NH has a 10-year lookback period for prior offenses. Prior DWI offenses within the 10 year lookback period elevate the charge to a much more serious class A misdemeanor for DWI-Subsequent Offense. Three prior DWI offenses within the 10 year period elevate the charge even further, to a class B felony. If there is a prior conviction or convictions outside the 10 year window, and none within 10 years, the charge will be labeled as a "1st offense" even though it is not really a first lifetime offense.

Impact of Prior DWI /DUI convictions outside 10 year window

Prior DWI offenses outside the 10 year lookback window do not trigger any mandatory penalties, but they do matter. They have at least the same impact on the case as a person who has some other criminal conviction in their past -- the prosecutor and judge will be concerned about recidivism. And arguably, they have a greater impact than prior criminal convictions that do not involve alcohol or substance abuse, because of the inference that the person did not change their relationship with alcohol or substances after the first offense. In many cases, that inference is unfair. But prosecutors are human beings who may suspect just like everybody else: "Where there's smoke, there's fire."

Class A misdemeanor 1st offense DWIs

In most DWI-1st offense cases, there is no possibility of jail time as a case outcome. The maximum penalty for a class B misdemeanor 1st offense DWI is a 2 year suspension of driver's license or operating privileges, a $1200 fine, ignition interlock requirement, and having to complete the IDCMP as a condition of restoration. But a DWI plus a violation of the hands-free law (e.g., texting while driving) may be prosecuted as a class A misdemeanor carrying up to a year in jail and 2 years of probation. Put away those phones!

1st Offense DWIs that become Aggravated DWIs

Certain aggravating factors, if alleged in the Complaint, elevate a 1st offense DWI to an Aggravated DWI carrying much more severe penalties. Driving more than 30mph over the speed limit, passengers under 16 years old on board, "wrong-way driving," eluding pursuit by the police officer, blood alcohol concentration (BAC) at or over .16%. In cases where blood is drawn, the last factor is a "ticking time bomb" where, literally, months will go by before the NH Forensic Laboratory analyzes the blood and determines the BAC.

Some of these can be basically innocent in nature. Drivers who don't stop immediately because they want to find a safe place to stop, or want to turn into a parking lot before they stop, get prosecuted for Aggravated DWI by "eluding pursuit." 2025's law that was promoted to make "wrong-way driving" an aggravating factor resulted from a couple notorious cases where people drove drunk on the wrong side of the highway, but it reaches much, much farther than that. And no one can know their own BAC. We recently had a client who asked for a special fee agreement so he could get most of his money back if, as he suspected, his BAC came back at a very low number, .03 or less. Unless drugs are on board, .03 or less is innocent as a matter of law for over-21 drivers. That's what he thought would be the outcome, that his BAC would be .03 or lower. Months later, his BAC came back over .16, and the prosecutor upgraded his charge to Aggravated DWI.

Learn more

Click here to learn about Administrative license suspension.

Click here to learn about DWI penalties (sentencing).

Click here to learn about DWI laws for under-21 drivers.