Second Offense DUI

2nd 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 for not less than 3 years. 

  • Jail Sentence:  If your second offense occurred within 2 years of your first offense, the court will sentence you to a mandatory sentence of not less than 60 consecutive days in the county jail, of which 30 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.

 

If your second offense occurred between 2 years to 10 years of your first offense, 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.

 

  • ŸIgnition Interlock Device:  After your 3 year 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 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 evaluation 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).

 

Jail Sentence Reduction

 

Your sentence of not less than 17 consecutive days (or 60 consecutive days if convicted within 2 years from the first offense) in the county house of correction (HOC), with a suspension of 12 days (or 30 days if convicted within 2 years from the first offense), 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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