Aggravated DUI - Misdemeanor

Misdemeanor Aggravated Offense Laws & Sentence
  • Fine:  You will be fined not less than $750 and will have to pay a penalty assessment fee in addition to the fine. 

  • License Revocation:  By law, you will lose your privilege to operate a motor vehicle for not less than 18 months and can be extended for a period not to exceed 2 years.  If you had someone in the car with you at the time of your arrest that was under the age of 16, your revocation shall be for the maximum time period.

  • ŸReduction in Revocation time:  The court may suspend up to 6 months of the sentence provided you are in an Impaired Driver Care Management Program (IDCMP) and are in full compliance with the service plan developed, with the condition that an interlock device be installed for the period of the suspended sentence, in addition to any other requirements of the law, and provided that that all fees have been paid.

 

  • ŸJail Sentence:  The court will sentence you to a mandatory sentence of not less than 17 consecutive days in the county jail, of which 12 days shall be suspended.  A condition of the suspension shall be that after serving 5 days in jail you shall schedule a substance use disorder (SUD) evaluation within 30 days of release, complete the required SUD evaluation within 60 days of release, and comply with the service plan developed.

  • ŸRandom Urinalysis: The court may require you to submit to random urinalysis or other such tests the court may deem appropriate.

 

IDCMP Program Requirements

If you are convicted of an Aggravated offense, you are required to complete an approved NH Impaired Driver Care Management Program (IDCMP) consisting of:

 

  • Substance use disorder (SUD) evaluation:  you must schedule a SUD evalution within 30 days of your release from jail and you will need to complete the Evaluation with one of our staff Licensed Alcohol & Drug Counselors (LADC) within 60 days of your release.  The SUD evaluation requires an intake interview to take place prior to meeting with the LADC and will be scheduled on the same day as the evaluation.

 

  • Compliance Requirements: You must remain in compliance with the Service Plan developed as a result of the evaluation.  Failure to do so will result in the IDCMP filing a Non-compliance form with the court, the court prosecutor, the NH DMV, and the NH Bureau of Drug & Alcohol Services and will result in you being required to serve any suspended time in jail (usually 12 days).

 

  • Impaired Driver Education Program (IDEP) or Weekend Impaired Driver Education Program (WIDEP):  You must complete a 20 hour education program, which can be either a Weekend Impaired Driver Education Program or an Impaired Driver Education Program (if one has not been completed within the past 5 years)

 

  • ŸFees Paid:  All required fees for service from the IDCMP and any required treatment provider must be paid in full.

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