First Offense DUI
1st Offense Laws & Sentences (misdemeanor)
Fine: You will be fined not less than $500 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 9 months and not to exceed 2 years. If you were under age 21 at the time of arrest, the license revocation period is for 1year minimum. 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.
Reduction in Revocation Time: The court may suspend up to 6 months of the sentence provided you have scheduled an intake/screening with an Impaired Driver Care Management Program (IDCMP) within 14 days from the date of your conviction and, if required, you have scheduled a substance use disorder (SUD) evaluation within 30 days from the date of your conviction and you have completed the SUD within 60 days of your conviction, and you are in compliance with the service plan (SP) produced thereafter.
Interlock Device Installation: The court may require the installation of an interlock device during the period of sentence reduction, and may impose a longer suspension period if you become noncompliant with treatment recommendations at any time during the suspension period. In addition, the court may require the person to submit to random urinalysis or other such tests the court may deem appropriate.
"Cinderella" or Hardship License: For first time offenders (non-CDL only), you may petition the court where you were sentenced for a hardship license after 45 days of revocation under RSA 263:57-b for a period of time to be determined by the court. Under this law:
"To qualify for consideration you must submit proof of financial responsibility (SR-22 form from insurance company) in accordance with RSA 265:A-28 and an application that demonstrates a need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program medical treatment facility, state-approved educational institution, or other destination:
(a) That the person must operate a motor vehicle as a requisite of the person's occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person's immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
"A license restored under this section shall limit the person's driving privileges:
(a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person's immediate family.
(b) To times, places, and days that are specifically stated.
(c) To vehicles equipped with enhanced technology ignition interlock devices.
"A violation of this section or the terms of the license restored under this section shall be considered a violation of RSA 263:64 and the license shall be revoked.
"A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. When operating a motor vehicle, a person granted a limited privilege license under this section shall have a copy of the court order granting the limited privilege license upon his or her person or in some easily accessible place within the vehicle."
IDCMP Program Requirements
If you are convicted of a first offense, you are required to complete an approved NH Impaired Driver Care Management Program (IDCMP) consisting of:
Intake appointment: This must be completed within 14 days from the date of your conviction.
Substance use disorder (SUD) evaluation: If you were under age 21 at the time of your arrest, or had a BAC of .16% or more at the time of your first offense arrest, or have been found at the time of your intake interview to meet the criteria of the state for referral for a SUD evaluation, you will need to complete a SUD Evaluation with one of our staff Licensed Alcohol & Drug Counselors (LADC). If this is required, it must be scheduled within 30 days of your conviction and completed within 60 days of your conviction. (All persons under the age of 21 at the time of arrest must complete a SUD evaluation.)
Compliance Requirements: You must remain in compliance with the Service Plan, if required, 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 NH DMV, the NH Bureau of Drug & Alcohol Services
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.)
Fees Paid: All required fees for service from the IDCMP and any required treatment provider must be paid in full.