License suspension: 30 days – 1 year; hardship: court may permit driving for employment, 24/7 sobriety testing, school, child care, health appointments, court/probation appointments, or counseling and treatment, on proof of financial responsibility
Ignition interlock: Not required at this level — Not mandatory. The court may permit limited driving privileges, and 24/7 Sobriety Program participation is commonly ordered instead.
Alternative disposition: Suspended imposition of sentence is possible for a first offender, which avoids a conviction on the record.
§ 32-23-2 requires the court to revoke the license for not less than 30 days, and permits a further revocation or restriction of up to one year.
Lookback period: 10 years. 10-year lookback under § 32-23-4.1 — a prior conviction more than ten years before the charged offense cannot be used to make it a second or subsequent offense, and time spent incarcerated does not count toward that ten years. Prior convictions for vehicular battery (§ 22-18-36) and vehicular homicide (§ 22-16-41) also count as priors. One exception: for a sixth or subsequent offense charged as an 'aggravated offense' under § 32-23-4.9, the window stretches to 25 years.
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