Local DUI Laws

Clarifying the Court Requirement for DWI Charges in New Hampshire

In New Hampshire, a DWI (Driving While Intoxicated) charge is not something that can be handled quietly by mail or paid like a parking ticket. Unlike minor civil infractions, a DWI is considered a criminal offense, which means it triggers an automatic requirement to appear in court. If you’ve been charged with DWI, the legal process mandates your participation—regardless of whether it’s a first-time offense or a repeat violation.

Many drivers mistakenly believe that a DWI can be resolved without going to court, especially if they’re willing to accept the penalties. However, New Hampshire’s legal structure doesn’t allow DWI cases to be resolved outside the courtroom. Every individual facing this charge must appear before a judge to respond to formal accusations, enter a plea, and follow through the legal process. Skipping court isn’t just a bad idea—it can result in a bench warrant for arrest, additional penalties, and long-term consequences.

This post provides a thorough breakdown of why court attendance is mandatory for all DWI charges in New Hampshire. It explains how the court system treats these cases, what the various appearances involve, what could happen if you miss a required date, and how the process differs from administrative license actions. Whether you’re navigating a charge or just trying to understand the system, this article clarifies everything you need to know about court requirements for DWI cases in the Granite State.

Why DWI Charges Require Court Appearance in New Hampshire

The fundamental reason why you must go to court for a DWI charge in New Hampshire is simple: DWI is a criminal offense under state law. Even a basic first-time DWI with no injuries, no accident, and a borderline BAC result is treated seriously and prosecuted through the state’s district court system.

Key facts:

• DWI is not a civil infraction; it carries criminal penalties and long-term consequences.
• You must attend mandatory court hearings, beginning with an arraignment.
• Judges do not allow defendants to resolve these cases by simply paying a fine online or through the mail.

Court attendance is required to formally respond to the charge, hear the allegations against you, and either accept a plea deal, contest the charge, or proceed to trial. The legal principle behind this is accountability: you are accused of a crime, and the justice system requires your presence to address it.

Failure to appear not only jeopardizes your defense—it also triggers additional legal consequences, including arrest.

What Happens After a DWI Arrest: The Court Summons

Following a DWI arrest, the next steps are both administrative and criminal. At the police station or shortly after release, the driver is given:

• A court summons, usually listing a specific district court, date, and time
• A summary of the charges filed
• A notice of suspension, if applicable, for administrative penalties such as chemical test refusal or failed BAC result
• A temporary driver’s permit that may allow limited driving until the first court appearance

The court summons is not optional—it is a legal document informing the driver of their obligation to appear before a judge. It initiates the court process and gives the driver an opportunity to begin building a defense or respond to the charges in a formal setting.

The timing of the first court date, usually called arraignment, is typically within 30 days of the arrest, but may vary based on local court schedules.

Arraignment: The First Required Court Appearance

The arraignment is the first—and one of the most important—court appearances in the DWI process. It is a mandatory step in all criminal cases, including DWI charges. The purpose of the arraignment is to begin the formal proceedings and ensure the defendant understands the charges and their rights.

At the arraignment, the following occurs:

• The judge reads the official DWI charge(s) aloud
• The defendant is asked to enter a plea: guilty, not guilty, or no contest
• The judge may review conditions of release, such as bail, license restrictions, or orders to refrain from alcohol use
• The court schedules future dates for pre-trial conferences, hearings, or trial

Even if a defendant plans to plead guilty and accept the penalties, they must appear in court to do so. The judge will not issue a sentence without hearing the plea in person and confirming that the defendant understands the implications.

For first-time offenders, judges may grant release on personal recognizance (without cash bail), but this only applies if the person attends court as scheduled.

What If You Miss a Required Court Date?

Missing a required court date in a DWI case is a serious matter. Failing to appear is not viewed as a clerical oversight—it’s considered noncompliance with a criminal legal process, and the consequences can be swift and significant.

If you fail to appear in court:

• The judge will likely issue a bench warrant for your arrest
• You may lose your opportunity for pre-trial negotiations or plea deals
• The court may increase bail or impose stricter release conditions
• Your driver’s license suspension period could be extended
• A failure to appear could be noted on your criminal record

These penalties are in addition to the original DWI charge, not instead of them. In fact, missing court can make a manageable DWI case much more complicated, with consequences that stretch into employment, insurance, and even future travel.

Even if the absence was unintentional or due to confusion, you must act quickly to contact the court and request a hearing to address the missed appearance.

Understanding the Role of Pre-Trial Hearings

After arraignment, most DWI cases enter a pre-trial phase, which includes conferences, motion hearings, and ongoing evidence review. These pre-trial appearances are also scheduled by the court, and in many cases, the defendant must be present unless excused by the judge.

During this phase:

• The prosecutor and defense attorney exchange evidence (known as discovery)
• The defense may file motions to suppress evidence, especially if there were procedural issues with the stop, arrest, or testing
• Both sides may discuss a plea agreement, which can avoid the need for a trial
• The court ensures that both sides are preparing their case and moving toward resolution

In some instances, a defendant’s attorney may appear on their behalf for procedural matters. However, for any hearing involving substantive decisions—including plea acceptance or sentencing—the defendant is typically required to be there.

Skipping a required pre-trial hearing without permission can have the same legal impact as skipping arraignment, including warrants and additional charges.

When Trials Happen: Final Court Stage in a DWI Case

If a DWI case is not resolved through a plea deal or dismissal, it proceeds to trial, where the defendant again must be present. Trials may be conducted by:

• A judge alone (bench trial)
• A jury, in more complex or elevated cases

The trial is the formal hearing where evidence is presented, witnesses are called, and both the prosecution and defense make their arguments. The defendant must attend because:

• They have the right to confront witnesses
• They may choose to testify
• The court needs their presence to issue a final ruling or sentence

In New Hampshire, first-time DWI trials are often brief, focusing on police observations, chemical test results, and any field sobriety testing. However, every defendant must attend the trial in person unless the case is resolved beforehand.

Administrative vs. Criminal Processes: What’s the Difference?

A DWI arrest in New Hampshire triggers two separate processes:

1. Administrative license suspension
   • Handled by the New Hampshire Department of Safety
   • Triggered by a failed BAC test or refusal to submit to testing
   • May begin before any court hearing occurs
2. Criminal court process
   • Handled in district court
   • Involves arraignment, hearings, and trial
   • Requires court appearance regardless of administrative status

Some drivers mistakenly believe that resolving one process resolves the other, but that’s not the case. For example, even if a driver wins an administrative hearing and keeps their license, they still have to appear in court and face the criminal charge. Likewise, a criminal court ruling does not automatically lift an administrative suspension unless stated.

The key takeaway is this: administrative outcomes do not replace criminal obligations, and court appearance is still required.

Can a Lawyer Appear on Your Behalf?

In some cases, especially procedural ones, a defense attorney may be able to appear without the client, but this depends on:

• The stage of the process (initial arraignment often requires the defendant)
• The judge’s discretion
• Whether the defendant is entering a plea
• The severity of the charge

A lawyer can typically handle pre-trial scheduling or motion hearings alone, but defendants must appear in person for arraignment, plea entry, trial, and sentencing.

If you have an attorney, they can petition the court to waive personal appearance, but it’s never guaranteed. The court must approve it, and even with approval, the defendant remains legally responsible for the outcome of the case.

What Happens After Court Appearances?

Each required court appearance is a step toward resolving the case, either through plea, trial, or dismissal. After all court proceedings are completed, the case enters the post-conviction phase, which includes:

• Sentencing (if found guilty or a plea is entered)
• Fines and fees
• Alcohol or drug education programs
• Community service (in some cases)
• License reinstatement conditions
• Probation or monitoring, if applicable

The court often requires proof of completion for each requirement, and failure to comply can result in additional hearings or penalties.

Even after a DWI case is resolved, the conviction may remain on your criminal record and driving record for years, affecting future employment, travel, or insurance premiums.

FAQ: Court Appearance for DWI Charges in New Hampshire

Do I have to go to court for a first-time DWI in New Hampshire?
Yes. All DWI charges require a court appearance, even for first offenses.

Can I pay a fine to avoid court?
No. DWI charges are criminal and must be addressed in court.

What happens if I miss a court date?
The court will likely issue a bench warrant, and you could face arrest and additional charges.

Can my lawyer go to court instead of me?
Possibly, for some pre-trial hearings. But you must attend most major events like arraignment, plea, or trial.

Is DWI considered a felony or misdemeanor in New Hampshire?
Most first-time DWIs are Class B misdemeanors, but aggravating factors can elevate the charge.

Will the judge sentence me at the first court appearance?
Not typically. Sentencing usually comes later in the process unless a guilty plea is entered.

Can I handle the process remotely or online?
Rarely. Some procedural steps may be virtual, but most DWI court appearances require in-person attendance.

Conclusion: Court Appearance Is Not Optional for DWI Cases in New Hampshire

In New Hampshire, court attendance is a mandatory part of the DWI process. Because DWI is a criminal offense—not a traffic infraction—you must appear to respond to charges, attend hearings, and resolve your case. Missing court can lead to additional legal trouble, including arrest, increased penalties, and delays in resolving the case.

Whether it’s a first-time offense or part of a repeat pattern, the DWI court process is structured, enforceable, and taken seriously by the legal system. If you’re facing a DWI charge, understanding and respecting court obligations is critical.

To get a full understanding of how New Hampshire’s DWI process works from the moment of arrest through courtroom resolution, visit our full guide on DUI Process and Timeline.

For a breakdown of the early stages—how traffic stops lead to charges and court action—see our detailed mini-hub: The DUI Process From Traffic Stop to Court.