Third (or more) Offense DUI

3rd (or more) Offense Laws & Sentence (misdemeanor)
  • 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 indefinitely and it shall not be restored for at least 5 years.  At the end of the five year period, you may petition the court for eligibility to reapply for a driver’s license.  You will not be eligible for restoration until you have completed an Impaired Driver Care Management Program such as CAIP.

  • 4th or more: For a fourth or subsequent offense, all penalties of the third offense shall apply except that you would be found guilty of a felony and your privilege to drive would be suspended indefinitely and shall not be restored for a minimum of 7 years

 

  • ŸJail Sentence:  The court will sentence you to a mandatory sentence of not less than 180 consecutive days in the county jail, of which 150 days shall be suspended.  A condition of the suspension shall be that after serving 30 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. Any portion of the suspended sentence may be imposed if you do not comply with the Service Plan put in place as a result of your evaluation.

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

 

  • ŸIgnition Interlock Device:  After your 5 year (or 7 year if 3rd or more offense)  period of revocation, you shall be required to install an ignition interlock device in any vehicle registered to yourself or used by you on a regular basis, for not less than 12 months nor more than 2 years.  You must cover all costs for this device, including installation and monitoring.  You must provide a certificate of installation to NH DMV prior to reinstatement of your privilege to operate.

 

IDCMP Program Requirements

If you are convicted of an 3rd or more DUI 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.

 

  • 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.

 

  • 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 30 days ).

 

  • Fine:  You will be fined not less than $500 and will have to pay a penalty assessment fee in addition to the fine. 

 

Jail Sentence Reduction

 

Your sentence of not less than 180 consecutive days in the county house of correction (HOC), with a suspension of 150 days is conditional upon a Substance Use Disorder evaluation being scheduled within 30 days of your release, and upon you completing the evaluation within 60 days of release and if you are in compliance with the Service Plan (SP) developed at your evaluation.  Please be aware that any portion of the suspended sentence to HOC may be imposed if you do not comply with all of the requirements listed above or if you become noncompliant with the SP during the suspension period.

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