DWI/DUI - Drunk Driving Laws And Attorneys In New Hampshire
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEW HAMPSHIRE DRIVING UNDER THE INFLUENCE (DUI)
LAWS
Below Are Some Of The Laws From CHAPTER 265-A New Hampshire
State Statutes: (Please Check The New Hampshire Government
Website Below For The Most Updated Information.)
http://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-a-mrg.htm
265-A:2 Driving or Operating Under Influence of Drugs or Liquor; Driving
or Operating With Excess Alcohol Concentration.
I. No person shall drive or attempt to drive a vehicle upon any way or
operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any
controlled drug or any combination of intoxicating liquor and controlled
drugs; or
(b) While such person has an alcohol concentration of 0.08 or more or
in the case of a person under the age of 21, 0.02 or more.
II. No person shall operate or attempt to operate a boat while under the
influence of intoxicating liquor or a controlled drug or any combination of
intoxicating liquor and a controlled drug or drugs, or while such person
has an alcohol concentration of 0.08 or more or in the case of persons
under the age of 21, 0.02 or more.
265-A:3 Aggravated Driving While Intoxicated.
A person shall be guilty of aggravated driving while intoxicated if the
person drives, operates, or attempts to operate an OHRV, or if the
person drives or attempts to drive a vehicle upon any way, or if the
person operates or attempts to operate a boat:
I. While under the influence of intoxicating liquor or any controlled drug or
any combination of intoxicating liquor and controlled drug or drugs and,
at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in
excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in
serious bodily injury, as defined in RSA 625:11, VI, to the person or
another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing
speed, extinguishing headlamps or, in the case of a boat, navigational
lamps while still in motion, or abandoning a vehicle, boat, or OHRV
while being pursued; or
(d) Carries as a passenger a person under the age of 16;
II. While having an alcohol concentration of 0.08 or more or, in the case
of a person under the age of 21 at the time of the offense, 0.02 or more
and, at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in
excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in
serious bodily injury, as defined in RSA 625:11, VI, to the person or
another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing
speed, extinguishing headlamps or, in the case of a boat, navigational
lights while still in motion, or abandoning a vehicle, boat, or OHRV while
being pursued; or
(d) Carries as a passenger a person under the age of 16; or
III. While having an alcohol concentration of 0.16 or more.
265-A:4 Implied Consent of Driver or Operator to Submit to Testing to
Determine Alcohol Concentration.
Any person who drives, operates, or attempts to operate an OHRV,
drives or attempts to drive a vehicle upon the ways of this state, or
operates or attempts to operate a boat upon the public waters of the
state shall be deemed to have given consent to physical tests and
examinations for the purpose of determining whether such person is
under the influence of intoxicating liquor or controlled drugs, and to a
chemical, infrared molecular absorption, or gas chromatograph test or
tests of any or all of any combination of the following: blood, urine, or
breath, for the purpose of determining the controlled drug content of
such person's blood or alcohol concentration if arrested for any offense
arising out of acts alleged to have been committed while the person
was driving, operating, attempting to operate, or in actual physical
control of an OHRV, driving, attempting to drive, or in actual physical
control of a vehicle, or operating, attempting to operate, or in actual
physical control of a boat while under the influence of intoxicating liquor
or controlled drugs or while having an alcohol concentration in excess of
the statutory limits contained in RSA 265-A:2 or RSA 265-A:3. The test or
tests shall be administered at the direction of a law enforcement officer,
peace officer, or authorized agent having reasonable grounds to believe
the person to have been driving, operating, attempting to operate, or in
actual physical control of an OHRV, driving or in actual physical control of
a vehicle, or operating or in actual physical control of a boat while under
the influence of intoxicating liquor or controlled drugs or while having an
alcohol concentration of 0.08 or more, or in the case of a person under
the age of 21, 0.02 or more. A copy of the report of any such test shall be
furnished by the law enforcement agency to the person tested within 48
hours of receipt of the report by the agency by certified mail directed to
the address shown on such person's license or other identification
furnished by the person. Results of a test of the breath shall be
furnished immediately in writing to the person tested by the certified
breath testing operator conducting the test. When the incident involves
an accident resulting in death or serious bodily injury to any person as
provided in RSA 265-A:16, the prerequisites of RSA 265-A:8 shall not
apply. Properly trained personnel of the United States Coast Guard may
arrest and conduct tests on persons who are believed to be under the
influence of intoxicating liquor or controlled drugs, or a combination
thereof, and who are in physical control of a boat operating upon the
public coastal waters of this state.
265-A:10 Effect of Evidence of Refusal to Take Alcohol Concentration
Test.
If a person refuses to submit to a test as provided in RSA 265-A:4, such
refusal may be admissible into evidence in a civil or criminal action or
proceeding arising out of an act alleged to have been committed by that
person while driving, operating, attempting to operate, or in actual
physical control of an OHRV, driving, attempting to drive, or in actual
physical control of a vehicle, or operating, attempting to operate, or in
actual physical control of a boat while under the influence of intoxicating
liquor or any controlled drug.
265-A:13 Incapacity to Give Consent.
Any person who is dead, unconscious, or who is otherwise in a
condition rendering him or her incapable of refusing shall be deemed
not to have withdrawn the consent provided by RSA 265-A:4 and the test
or tests may be administered. The provisions of RSA 265-A:8 shall not
apply to persons incapable of giving consent as provided for in this
section.
265-A:14 Refusal of Consent.
I. If a person under arrest for any violation or misdemeanor under RSA
265 or RSA 215-A refuses upon the request of a law enforcement officer,
authorized agent, or peace officer to submit to physical tests or to a test
of blood, urine, or breath designated by the law enforcement officer,
authorized agent, or peace officer to as provided in RSA 265-A:4, none
shall be given, but:
(a) If this is the first refusal with no prior driving or operating while
intoxicated or aggravated driving or operating while intoxicated
convictions:
(1) The director shall suspend his or her license to drive or
nonresident driving privilege for a period of 180 days; or
(2) If the person is a resident without a license or permit to drive a
motor vehicle in this state, the director shall deny to the person the
privilege to drive and the issuance of a license for a period of 180 days
after the date of the alleged violation.
(b) If the person has a prior driving or operating while intoxicated or
aggravated driving or operating while intoxicated conviction or a prior
refusal of consent under this section:
(1) The director shall suspend his or her license to drive or
nonresident driving privilege for a period of 2 years; or
(2) If the person is a resident without a license or permit to drive a
motor vehicle in this state, the director shall deny to the person the
privilege to drive and the issuance of a license for a period of 2 years
after the date of the alleged violation.
II. The 180-day or 2-year suspension period or denial of issuance period
imposed pursuant to this section shall not run concurrently with any
other penalty imposed under the provision of this title. Any such
suspension or denial of a license or privilege to drive shall be imposed
in addition to any other penalty provided by law, subject to review as
provided in RSA 265-A:31.
III. A refusal of consent for both post-arrest physical testing and testing
of blood, urine, or breath following any one arrest shall be deemed one
refusal for the purposes of this section.
IV. The provisions and penalties of this section, relative to the refusal of
consent, shall apply to any person under arrest for any violation or
misdemeanor involving the operation of a boat, after a hearing and upon
satisfactory proof of the following:
(a) That the authorized agent or peace officer had reasonable grounds
to believe the arrested person had been operating, had been attempting
to operate, or was in actual physical control of a boat upon the public
waters of this state while under the influence of intoxicating liquor or
controlled drugs or any combination thereof;
(b) That the person has been arrested;
(c) That the person refused to submit to the test upon request of the
authorized agent or peace officer;
(d) That the agent or officer informed the person arrested that his or her
refusal to submit to such a test would constitute a violation; and
(e) That the agent or officer informed the arrested person of his or her
right to have a similar test or tests conducted by a person of his or her
own choosing.
265-A:16 Blood Testing of Certain Motor Vehicle Fatalities.
When a collision, boating accident, or OHRV accident results in death or
serious bodily injury to any person, all drivers or operators involved,
whether living or deceased, and all deceased vehicle, boat, or OHRV
occupants and pedestrians involved shall be tested for evidence of
alcohol or controlled drugs. A law enforcement officer, authorized agent,
or peace officer shall request a licensed physician, registered nurse,
certified physician's assistant, or qualified medical technician or
medical technologist to withdraw blood from each driver or operator
involved if living and from the body of each deceased driver or operator,
deceased occupant, or deceased pedestrian, in accordance with RSA
611:6, II, for the purpose of testing for evidence of alcohol content or
controlled drugs; provided that in the case of a living driver or operator
the officer has probable cause to believe that the driver or operator
caused the collision or accident. All tests made under this section shall
be conducted by the forensic science laboratory established in RSA 106-
B:2-a or in any other laboratory capable of conducting such tests which
is licensed under the laws of this or any other state and which has also
been licensed by the U.S. Department of Health and Human Services
under the Clinical Laboratory Improvement Act of 1988, as amended. A
copy of the report of any such test shall be kept on file by the medical
examiner. The filed report is not a public record under RSA 91-A.
However, the report shall be made available to the following:
I. Any highway safety agency for use in compiling statistics to evaluate
the effectiveness of its program; and
II. Any person, including his or her legal representative, who is or may be
involved in a civil, criminal, or administrative action or proceeding arising
out of an accident in connection with which the test was performed.
265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.
I. Except as otherwise provided in this section:
(a) Any person who is convicted of any offense under RSA 265-A:2, I
shall be:
(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Required to furnish proof of successful completion of an impaired
driver intervention program prior to the restoration of the person's
driver's license or privilege to drive, provided that, if the person has
previously completed, or been required by a court or the department of
safety to complete, an impaired driver intervention program (I.D.I.P.) or
any similar program in any jurisdiction, the person shall be required to
furnish proof of successful completion of the multiple DWI offender
intervention detention center program (M.O.P.) or an equivalent 7-day
residential intervention program approved by the commissioner of
health and human services;
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 9 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. The court
may suspend up to 6 months of this sentence, provided that the person
has entered into the relevant driver intervention program required by
subparagraph (3) within 45 days after conviction, or as soon thereafter
as any extenuating circumstances approved by the department of health
and human services allow;
(5) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate; and
(6) The court in which the person was convicted may reduce the
conviction to a violation upon a motion filed by either party at least one
year after the date of the conviction. In deciding whether to reduce the
conviction to a violation, the court may consider the person's
subsequent driving record, any evidence of drug or alcohol treatment,
the hardship that having a criminal record may cause for the person,
and any other factors that the court deems relevant.
(b) Any person who is convicted of any aggravated DWI offense under
RSA 265-A:3, except as provided in subparagraph (c), shall be:
(1) Guilty of a class A misdemeanor;
[Paragraph I(b)(2) effective until one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph I(b)(2)
set out below.]
(2) Fined not less than $750;
[Paragraph I(b)(2) effective one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph I(b)(2)
set out above.]
(2) Fined not less than $500;
(3) Sentenced to a mandatory sentence of not less than 10
consecutive days of which 3 consecutive 24-hour periods shall be
served in the county correctional facility and 7 consecutive 24-hour
periods shall be served at the state-operated 7-day multiple DWI
offender intervention detention center established under RSA 265-A:40,
which sentence shall begin no later than 21 days after conviction. In the
event that the state-operated 7-day multiple DWI offender intervention
detention center has no available space, the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services. The person shall begin
following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order;
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 18 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. Except for
good cause found by the court and noted in writing, the court may
suspend up to 6 months of this sentence, provided that the person has
entered into the relevant driver intervention program required by
subparagraph (3) as soon as any circumstances approved by the
department of health of human services allow;
(5) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other test as the court may deem appropriate; and
(6) A person who leaves the relevant driver intervention program
required by subparagraph IV(a)(3) before completion and fails to return
and complete it as soon as extenuating circumstances approved by the
department of health and human services allow or who fails to begin
following treatment recommendations within the time required by
subparagraph IV(a)(3) shall be in contempt of court and shall serve a
minimum of 14 days in the county correctional facility.
(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I
(b) or II(b), shall be:
(1) Guilty of a class B felony;
(2) Fined not less than $1,000;
(3) Sentenced to a mandatory sentence of not less than 21
consecutive days of which 14 consecutive 24-hour periods shall be
served in the county correctional facility followed by 7 consecutive 24-
hour periods served at the state-operated 7-day multiple DWI offender
intervention detention center established under RSA 265-A:40, which
sentence shall begin no later than 21 days after conviction. In the event
that the state-operated 7-day multiple DWI offender intervention
detention center has no available space the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services, and the remainder of the
sentence may be deferred at the court's discretion. The person shall
begin following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order. The court may, at the satisfactory
completion of any ordered treatment, suspend any remaining deferred
sentence. Failure to successfully complete any court-ordered
intervention program or recommended treatment shall result in the
imposition of any remaining deferred sentence; and
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 18 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. Except for
good cause found by the court and noted in writing, the court may
suspend up to 6 months of this sentence, provided that the person has
entered into the relevant driver intervention program required by
subparagraph (3) as soon as any extenuating circumstances approved
by the department of health and human services allow.
II. Any person convicted of a violation of RSA 265-A:19, II shall be subject
to the penalties set out in this section for a violation of RSA 265-A:3. Any
person convicted of a violation of any other provision in RSA 265-A:19 or
a violation of RSA 265-A:2, II shall be subject to the penalties set out in
this section for a violation of RSA 265-A:2, I.
III. Any person who is convicted of an offense under RSA 265-A:2, I, RSA
265-A:3, or RSA 630:3, II and the offense occurred while the person was
under the age of 21 shall be sentenced according to the provisions of
this section, except that in all cases the person's driver's license or
privilege to drive shall be revoked for not less than one year.
IV. Upon conviction of any offense under RSA 265-A:2, I or RSA 265-A:3,
based on a complaint which alleged that the person has had one or
more prior convictions under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:
3, II, or under reasonably equivalent offenses in an out-of-state
jurisdiction, within 10 years preceding the date of the second or
subsequent offense, the person shall be subject to the following
penalties in addition to those provided in paragraph I:
(a) For a second offense:
(1) The person shall be guilty of a class A misdemeanor.
[Paragraph IV(a)(2) effective until one day after passage of state
operating budget for biennium ending June 30, 2009; see also
paragraph IV(a)(2) set out below.]
(2) The person shall be fined not less than $750.
[Paragraph IV(a)(2) effective one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph IV(a)(2)
set out above.]
(2) The person shall be fined not less than $500.
(3) (A) If the complaint alleges that the prior conviction occurred within
2 years preceding the date of the second offense, the person shall be
sentenced to a mandatory sentence of not less than 37 consecutive
days of which 30 consecutive 24-hour periods shall be served in the
county correctional facility followed by 7 consecutive 24-hour periods to
be served at the state-operated 7-day multiple DWI offender intervention
detention center established under RSA 265-A:40 within 21 days after
conviction, except that in circumstances where the state-operated 7-day
multiple DWI offender intervention detention center has no available
space the person shall be assigned to an equivalent 7-day residential
intervention program approved by the commissioner of health and
human services. The person shall begin following any treatment
recommendations arising out of the final evaluation given to the person
at the multiple DWI offender intervention detention center or equivalent
program within 60 days after the person has completed serving the
required 30 consecutive 24-hour periods or such other time as the court
may order.
(B) If the complaint alleges that the prior conviction occurred more
than 2 but not more than 10 years preceding the date of the second
offense, the person shall be sentenced to a mandatory sentence of not
less than 10 consecutive days of which 3 consecutive 24-hour periods
shall be served in the county correctional facility and 7 consecutive 24-
hour periods shall be served at the state-operated 7-day multiple DWI
offender intervention detention center established under RSA 265-A:40,
which sentence shall begin no later than 21 days after conviction. In the
event that the state-operated 7-day multiple DWI offender intervention
detention center has no available space the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services. The person shall begin
following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order.
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 3 years.
(5) The person shall pay a fee to the commissioner, as established
under RSA 126-A:43, for the costs of the state-operated 7-day multiple
DWI offender intervention detention center program prior to license
restoration. If the person attends an approved equivalent 7-day
residential intervention program, the fees and costs shall be paid to the
program.
(6) A person who leaves the program before completion and fails to
return and complete it as soon thereafter as extenuating circumstances
approved by the department of health and human services allow, or who
fails to begin following treatment recommendations within the time
required by subparagraph IV(a)(3) shall be in contempt of court and
shall serve a minimum of 30 days in the county correctional facility.
(7) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate.
(b) For a third offense, any person convicted under this paragraph shall
be subject to all the penalties of subparagraph (a) except that:
(1) The person's driver's license or privilege to drive shall be revoked
indefinitely and shall not be restored for at least 5 years. At the end of the
5-year minimum revocation period the person may petition the court for
eligibility to reapply for a driver's license and the court, for good cause
shown, may grant such eligibility subject to such terms and conditions
as the court may prescribe. Any untimely petition under this
subparagraph shall be dismissed without a hearing. If such petition is
granted and the person is otherwise eligible for license restoration, the
person may then apply to the director for restoration of driver's license,
but the license shall not be restored until the provisions of RSA 263:65-a
and all other requirements under law are met.
(2) The person shall be sentenced to a mandatory sentence of not
less than 180 consecutive days of which 30 consecutive 24-hour
periods shall be served in the county correctional facility following which
the person shall complete at the person's own expense a residential
treatment program of at least 28 days duration or an intensive course of
substance abuse treatment based upon a formal evaluation by a
licensed alcohol and other drug counselor and approved by the
department of health and human services before the driver's license
may be restored. The remainder of the sentence may be deferred for a
period of up to 2 years. The court may, at the satisfactory completion of
any ordered treatment, suspend any remaining deferred sentence.
Failure to successfully complete any court-ordered intervention program
or recommended treatment shall result in the imposition of any
remaining deferred sentence.
(3) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate.
(c) For a fourth or subsequent offense, any person convicted under this
paragraph shall be subject to all the penalties of subparagraphs (a) and
(b) except that the person shall be guilty of a felony, and the person's
driver's license or privilege to drive shall be revoked indefinitely and the
person shall not petition for eligibility to reapply for a driver's license as
provided in subparagraph (b)(1) for at least 7 years.
(d) For a third or subsequent offense when any prior offense under this
paragraph is negligent homicide under RSA 630:3, II, or reasonably
equivalent offense in an out-of-state jurisdiction, the person convicted
under this paragraph shall be subject to all the penalties of
subparagraphs (a) and (b) except that the person's driver's license or
privilege to drive shall be revoked indefinitely and the person shall not
petition for eligibility to reapply for a driver's license as provided in
subparagraph (b)(1) for at least 10 years.
V. Voluntary completion of an impaired driver intervention program, or an
appropriate equivalent, and commencement of treatment recommended
by the program may be considered by a court when determining a
sentence under this section.
VI. If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:
3, and the conviction is not based upon a complaint which alleges prior
convictions as provided in paragraph IV, but the person is found to have
had one or more such prior convictions in this state or in an out-of-state
jurisdiction within 10 years preceding the date of the offense, the
person's driver's license or privilege to drive shall be revoked for not
less than one year nor more than 3 years. Except for good cause found
by the court and noted in writing, the court may suspend up to 6 months
of this sentence, provided that within 45 days after conviction the person
has entered the 7-day program at the state-operated multiple DWI
offender intervention detention center program or an equivalent 7-day
residential intervention program approved by the commissioner of
health and human services, as provided in RSA 265-A:40 and RSA 265-
A:42. The person's license shall not be restored until the person has
successfully completed the program. The court may further order
attendance at a residential treatment center, for a period not to exceed
30 days, at the person's own expense.
VII. For the purposes of this section:
(a) ""Revocation'' or ""revoked'' means revocation as defined in RSA 259:
90 and also includes, if the person is a nonresident, the revocation of
the person's privilege as an out-of-state driver to drive on any ways of
this state.
(b) ""Out-of-state jurisdiction'' includes any governmental entity that
issues driver's licenses that are valid for operating a motor vehicle on
the ways of this state as provided in RSA 263:37, and that has laws
relating to driving while intoxicated that are reasonably equivalent to the
laws of this state.
(c) ""Successful completion'' means meeting further counseling
requirements, if any, arising out of the final evaluation given to the
offender at the I.D.I.P. or the M.O.P. or its equivalent; provided, however,
that the offender shall have the right to a hearing before the
commissioner or designee, who shall determine whether the further
counseling requirements arising out of the final evaluation are
warranted and appropriate, and whether the offender should be eligible
for license restoration. The definition in this subparagraph shall also
apply to RSA 265-A:42.
(d) A person shall be presumed to have furnished proof of successful
completion of an impaired driver intervention program if the person
furnishes a report indicating that he or she has completed attendance at
the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has
paid all assessed program fees. The presumption may be overcome by
a hearing requested by the department, or the I.D.I.P., the M.O.P., or an
equivalent program, with notice to and an opportunity to be heard by the
person, where the department and/or the I.D.I.P., the M.O.P., or an
equivalent program shall have the burden of proving that the person has
not successfully completed an impaired driver intervention program.
(e) The I.D.I.P., the M.O.P., or an equivalent program shall inform the
department of safety in writing of any further treatment it deems
necessary in order to be considered a completed program before a
license suspension should be restored. The department of safety shall
notify the licensee of his or her ability to request a hearing to dispute the
findings and the licensee shall inform the department of safety if the
licensee requests a hearing within 20 days of receipt of such notice. At
such hearing the I.D.I. P., the M.O.P., or an equivalent program shall
have the burden of proving the person has not successfully completed
an impaired driver intervention program. The I.D.I.P., the M.O.P., or an
equivalent program shall inform the department of safety in writing
within 5 days after the end of the program attended by the licensee.
VIII. No portion of the minimum mandatory sentence of imprisonment
and no portion of the mandatory sentence of the period of revocation and
no portion of any fine imposed under this section shall be suspended or
reduced by the court. No case brought to enforce this section shall be
continued for sentencing for longer than 35 days. No person serving the
minimum mandatory sentence under this section shall be discharged
pursuant to authority granted under RSA 651:18, released pursuant to
authority granted under RSA 651:19, or in any manner, except as
provided in RSA 623:1, prevented from serving the full amount of such
minimum mandatory sentence under any authority granted by RSA title
LXII or any other provision of law.
IX. Upon conviction under the provisions of RSA 265-A:2, I or RSA 265-A:
3, the prosecutor shall present to the court a certified copy of the
defendant's record of convictions of motor vehicle offenses under RSA
title XXI and reasonably equivalent offenses in out-of-state jurisdictions
which are on record at the New Hampshire division of motor vehicles or
known to the prosecutor, or a signed statement that the defendant has
no such prior convictions within the preceding 7 years. Prior to
sentencing the court shall note on the complaint the number of prior
convictions for drug or alcohol-related motor vehicle offenses, or the
absence of any such prior convictions, as shown on such report or
statement.
X. Any conviction under RSA 265-A:2, I or RSA 265-A:3 shall be reported
to the department of safety, division of motor vehicles, and shall become
a part of the motor vehicle driving record of the person convicted.
XI. Any person convicted of a violation of RSA 265-A:2, RSA 265-A:3, or
RSA 265-A:19, II, and who at the time of driving or attempting to drive a
vehicle or off highway recreational vehicle or operating or attempting to
operate a boat was transporting a person under the age of 16, shall
have the driver's license or privilege to drive revoked for the maximum
time period under the section violated and the person's license or
privilege to drive shall not be restored until the offender has successfully
completed a 7-day program at the state-operated multiple DWI offender
program or an equivalent 7-day residential intervention program
approved by the commissioner at the person's own expense.
265-A:23 Commercial Licensing; Penalties; Driving Under the Influence.
Any person who drives a commercial motor vehicle with or without a
valid commercial driver license and commits one of the following
offenses shall be punished as follows:
I. The commissioner shall suspend for at least one year, the
commercial driver license of a person who is found to have committed a
first violation of driving a commercial motor vehicle under the influence
of alcohol or with an alcohol concentration of 0.04 or greater, or other
controlled substances, notwithstanding RSA 265-A:11, I.
II. If the driver commits a violation of paragraph I while carrying
hazardous materials, the suspension shall be for a period of 3 years.
III. The commissioner shall suspend for life, or a period of not less than
10 years, according to federal Department of Transportation regulations,
the commercial driver license of a person who is found to have
committed a second violation of driving a commercial motor vehicle
under the influence of alcohol or with an alcohol concentration of 0.04 or
greater, or other controlled substance, notwithstanding RSA 265-A:11, I.
265-A:24 Commercial Drivers Prohibited From Driving With any Alcohol
in Their Systems.
I. Notwithstanding any other provision of law, a person shall not drive a
commercial motor vehicle while having alcohol in his or her system.
II. A person who drives a commercial motor vehicle while having alcohol
in his or her system, or who refuses to take a test to determine his or
her alcohol concentration, shall be placed out-of-service for 24 hours.
265-A:25 Implied Consent Requirements for Commercial Motor Vehicle
Drivers. –
I. Any person who drives a commercial motor vehicle upon the ways of
New Hampshire shall be deemed to have given consent, subject to the
provisions of RSA 265-A:4, to a test or tests of any or all or any
combination of the following: blood, breath, or urine, for the purpose of
determining that person's alcohol concentration, or the presence of
other drugs.
II. A test or tests may be administered at the direction of a law
enforcement officer who, after stopping or detaining the commercial
motor vehicle driver, has probable cause to believe that the driver was
driving a commercial motor vehicle while having alcohol in his system.
III. (a) Upon the first refusal of any person to submit to a test or tests as
administered by a law enforcement officer for the purposes of
determining the person's alcohol concentration or the presence of other
drugs, the director shall revoke his or her commercial license for a
period of not less than one year.
(b) If the person has a prior refusal under subparagraph III(a) then,
upon the second or subsequent refusal of such person to submit to a
test or tests as administered by a law enforcement officer for the
purposes of determining the person's alcohol concentration or the
presence of other drugs, the director shall revoke his or her commercial
license for a period of not less than 10 years.
IV. If the person refuses testing, or submits to a test which discloses an
alcohol concentration of 0.04 or more, the law enforcement officer shall
submit a sworn report to the department certifying that the test was
requested pursuant to paragraph I and that the person refused to
submit to testing, or submitted to a test which disclosed an alcohol
concentration of 0.04 or more.
V. Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph IV, the department shall disqualify the driver
from driving a commercial motor vehicle under RSA 265-A:23.
VI. The driver shall have the opportunity for a hearing and appeal as
provided in RSA 265-A:31 and RSA 265-A:34.
265-A:26 Revocation of License for Driving While Intoxicated and Appeal.
I. Upon a conviction of a violation of RSA 265-A:2 or RSA 265-A:3, the
court shall report to the department and shall immediately revoke the
license or driving privilege of the person so convicted, or the right of a
nonresident so convicted to drive within the state of New Hampshire;
and said court in the case of holders of New Hampshire licenses shall
return such license with its findings marked thereon, together with the
court return, to the department; and the department may revoke the
license of any person who shall be convicted of a similar offense by a
court of any other state in a criminal proceeding, or who shall be found
to have committed a similar act by a court of any other state in a civil
proceeding.
II. Whenever any person convicted of a violation of RSA 265-A:2 or RSA
265-A:3 appeals, the district court shall forthwith revoke the license or
driving privilege of such person and, in case of a holder of a New
Hampshire license, shall return such license together with the court
return to the department which shall not reissue any license until the
period of revocation determined by the court has elapsed.
265-A:27 Not Guilty Finding; Return of License.
Any person whose license was revoked under the provisions of RSA
265-A:26 who appeals and is not found guilty shall have any previously
held license returned. No additional fee requirements shall be imposed
in connection with such license restoration.
265-A:28 License Restored Upon Proof of Financial Responsibility.
Notwithstanding the provisions of RSA 263:71, the director shall not
restore a license or driving privilege to a person whose license or
driving privileges have been revoked pursuant to RSA 265-A:18 until
such person has furnished proof of financial responsibility as required
by other provisions of the law.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:29 Revocation of Nonresident Privilege.
When it has been finally determined under the procedures of this
subdivision that a nonresident's privilege to drive a motor vehicle in this
state has been revoked, the department shall give information in writing
or by electronic means of the action taken to the motor vehicle
administrator of the state of the person's residence and of any state in
which he or she has a license.
265-A:30 Administrative License Suspension.
I. If any person refuses a test as provided in RSA 265-A:14 or submits to
a test described in RSA 265-A:4 which discloses an alcohol
concentration of 0.08 or more or, in the case of a person under the age
of 21 at the time of the violation, 0.02 or more, the law enforcement
officer shall submit a sworn report to the department. In the report the
officer shall certify that the test was requested pursuant to RSA 265-A:4
and that the person refused to submit to testing or submitted to a test
which disclosed an alcohol concentration of 0.08 or more, or, in the
case of a person under the age of 21, 0.02 or more.
II. Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph I, the department shall suspend the
person's driver's license or privilege to drive as follows:
(a) In the case of a refusal to take a test described in RSA 265-A:4, the
suspension shall be for the period specified in RSA 265-A:14.
(b) In the case of a person who submits to a test described in RSA 265-
A:4 which discloses an alcohol concentration of 0.08 or more or, in the
case of a person under the age of 21 at the time of the violation, 0.02 or
more, the suspension shall be for:
(1) Six months if there is no prior refusal under RSA 265-A:14, no prior
driving while intoxicated or aggravated driving while intoxicated
convictions, and no prior administrative license suspension pursuant to
RSA 265-A:30.
(2) Two years if there is a prior refusal under RSA 265-A:14, or a prior
driving while intoxicated or aggravated driving while intoxicated
conviction, or a prior administrative suspension pursuant to RSA 265-A:
30.
III. On behalf of the department, the law enforcement officer submitting
the sworn report under paragraph I shall serve immediate notice of
suspension on the person, and the suspension shall be effective 30
days after the date of service. If the person has a valid New Hampshire
driver's license, an officer shall take the driver's license of the person,
and issue a temporary license valid for the notice period. The officer
shall send the license to the department along with the sworn report
under paragraph I.
IV. If the person submits to a test described in RSA 265-A:4 and the
results of the test are not immediately available and therefore no notice
has been served by the law enforcement officer, the department shall
mail such notice and the suspension shall be effective 30 days after the
date of service. If the address shown in the law enforcement officer's
report differs from that shown on the department records, the notice
shall be mailed to both addresses. The notice shall be presumed to
have been served 3 days after mailing. Upon receipt of the notice of
suspension and before requesting any review or hearing under RSA
265-A:31, if the person has a New Hampshire driver's license that has
not been surrendered, the person shall surrender such person's
license at a place designated by the department and shall be issued a
temporary driving permit valid for the notice period.
V. In the case of a person who has a driver's license from another
jurisdiction, all provisions of this subdivision shall apply except that
surrender of the out-of-state driver's license and issuance of a
temporary driving permit shall not be required. The department shall
transmit a copy of the suspension order to the motor vehicle authorities
in the jurisdiction where the person's license was issued, and also in
the jurisdiction of the person's residence if different from that where the
license was issued.
265-A:31 Administrative Review and Hearings.
I. (a) Any person whose license is suspended or revoked under this
subdivision may request either an administrative review or a hearing.
The request shall be in writing and shall state the grounds upon which
the person seeks to have the order of suspension or revocation
rescinded, which grounds shall be limited to those provided in
paragraph II. The filing of the request shall not stay the suspension or
revocation. A request for either administrative review or hearing received
by the department after 30 days from the date the notice is issued shall
be denied as untimely.
(b) If the request is for an administrative review, the request may be
accompanied by any statement or other evidence which the person
wants the department to consider. Upon receiving the request the
department shall review the order, the evidence upon which it is based,
including whether the person was driving or in actual physical control of
a motor vehicle, and any other information brought to the attention of the
department, and shall determine whether sufficient cause exists to
sustain the order.
(c) If the request is for a hearing, the request shall also indicate whether
or not the person desires to have the law enforcement officer present.
The hearing shall be held within 20 days after the filing of the request
unless the person requests a continuance. A request for a continuance
by the person shall not stay the order of suspension or revocation. The
hearing shall be recorded, and be conducted by the department's
designated agent. The hearing may be conducted upon a review of the
law enforcement officer's report if there is no request to have the officer
present. If there is a request that the law enforcement officer be present
at the hearing and the officer fails to appear without good cause shown,
the case shall be dismissed and the order rescinded. If the person
requesting the hearing fails to appear without good cause shown, the
right to a hearing shall be waived and the order sustained.
II. The scope of the administrative review or hearing shall be limited to
the issues of:
(a) Whether the officer had reasonable grounds to believe the arrested
person had been driving, attempting to drive, or was in actual physical
control of a vehicle upon the ways of this state or operating or attempting
to operate a boat on the waters of this state or was driving, operating,
attempting to operate, or in actual physical control of an OHRV while
under the influence of intoxicating liquor, narcotics, or drugs;
(b) The facts upon which the reasonable grounds to believe such are
based;
(c) Whether the person had been arrested;
(d) Whether the person has refused to submit to the test upon the
request of the law enforcement officer or whether a properly
administered test or tests disclosed an alcohol concentration of 0.08 or
more, or, in the case of a person under 21 years of age, 0.02 or more;
(e) Whether the officer informed the arrested person of his or her right to
have a similar test or tests conducted by a person of his or her own
choosing; and
(f) Whether the officer informed the arrested person of the fact that
refusal to permit the test would result in suspension of his or her
license or driving privilege and that testing above the alcohol
concentration level specified in RSA 265-A:2 or RSA 265-A:3 would also
result in suspension.
III. In the case of either an administrative review or a hearing, the hearing
examiner shall issue his or her recommendation on the order of
suspension or revocation within 15 days of the request for
administrative review or the hearing date. The recommendation shall be
in writing and a copy shall be provided to the parties. The
recommendation shall be final unless a review or appeal is filed under
RSA 265-A:33 or RSA 265-A:34.
265-A:32 Period of License Suspension.
Where a license or driving privilege has been suspended under RSA
265-A:30 and the person is also convicted on criminal charges arising
out of the same event both the suspension and the court-ordered
revocation shall be imposed but the total period of suspension and
revocation shall not exceed the longer of the 2 periods; provided,
however, that any suspension for refusing to submit to a test under the
provisions of RSA 265-A:14 shall not run concurrently with any other
penalty imposed under the provisions of this title.
265-A:33
Within 10 days following the examiner's ruling, a person whose license
has been suspended or revoked, or the law enforcement officer, may
petition the director for a review of the ruling. The filing of the petition
shall not stay a suspension or revocation of the person's driver's license
or privilege to drive if imposed, or the restoration of the person's driver's
license or privilege to drive. The review shall determine whether the
ruling is erroneous as a matter of law or cannot be sustained by the
facts as presented at the hearing. After a review of the ruling, the director
shall issue within 10 days a finding either affirming the ruling or granting
a new hearing. Any grant of a new hearing shall be accompanied by a
written explanation setting forth the specific error of law or the reason
why the ruling cannot be sustained by the facts.
265-A:34 Appeal; Administrative License Suspension.
I. Any person aggrieved by a decision of the department under this
subdivision, after the administrative hearing or review, may appeal the
decision as provided in this section. The court shall have the full
authority to determine whether any license suspension or revocation
should be stayed during the pendency of the appeal.
II. If the suspension is sustained after a hearing as provided in RSA 265-
A:31, a person shall have the right to file a petition in the superior court
in the county in which he or she was arrested to review the final order by
the director or the director's authorized agent within 30 days of the date
of the final order. Jurisdiction to hear such appeals is vested in the
superior court.
III. At the earliest practical time, the court shall review the record as
developed before the director or authorized agent, together with any
written legal argument presented to the court. Based on that review, the
court may affirm or reverse the decision of the director or agent or order
that oral argument be held. As justice may require, the court may
remand the case to the director or authorized agent for further findings or
rulings. In no event shall the oral argument be held less than 14 days
after notice has been provided to the director. The petition for appeal
shall set forth all the grounds upon which the final order is sought to be
overturned. Issues not raised by the appellant before the director or
agent shall not be raised before the superior court. The burden of proof
shall be upon the appellant to show that the decision of the director or
agent was clearly unreasonable or unlawful, and all findings of the
director or agent upon all questions of fact properly before him or her
shall be deemed to be prima facie lawful and reasonable. The order or
decision appealed from shall not be set aside or vacated except for
errors of law, unless the court is satisfied, by a clear preponderance of
the evidence before it, that the order is unjust or unreasonable.
IV. No new or additional evidence shall be introduced in the superior
court, but the case shall be determined upon the record and evidence
transferred, except that in any case, if it shall be necessary in order that
no party shall be deprived of any constitutional right, or if the court shall
be of the opinion that justice requires the reception of evidence of facts
which have occurred since the hearing, or which by reason of accident,
mistake, or misfortune could not have been offered before the director or
authorized agent, it shall remand the case to the director or authorized
agent to receive and consider such additional evidence.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:35 Probationary Licenses.
I. Any person who shall apply for reissuance of his or her driver's license
following revocation or suspension for an offense under RSA 265:79,
RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 for an offense involving a
vehicle is an ""at risk'' driver and his or her driver's license shall be
probationary for at least 5 years following the date of reissuance.
II. No holder of a probationary license shall drive or attempt to drive a
vehicle upon any way when he or she is under the influence of
intoxicating liquor or any controlled drug or any combination of
intoxicating liquor and controlled drugs, so that the alcohol concentration
is 0.03 or more. Driving with an alcohol concentration of 0.03 or more is
a per se violation of a probationary license and subjects the
probationary license holder to administrative suspension of his or her
driver's license for not less than 90 days and not more than 180 days.
Such administrative suspension shall be in addition to any court
imposed suspension or revocation periods.
III. Any probationary license holder whom the police have reasonable
cause to believe is driving with an alcohol concentration of 0.03 or more
and who refuses to submit to a test for alcohol concentration shall have
his or her driver's license administratively suspended for a period of 90
days.
265-A:36 Alcohol Ignition Interlock Program Established.
I. Any person whose license or permission to drive has been revoked or
suspended for an aggravated DWI offense under RSA 265-A:18, I(b), I
(c), or a subsequent DWI offense under RSA 265-A:18, IV may be
required by the court after the period of revocation or suspension to
install an ignition interlock device as defined in RSA 259:43-a in any
vehicle registered to that person or used by that person on a regular
basis, for not less than 6 months nor more than 2 years. Installation and
monitoring costs shall be paid by the offender. A certificate proving
installation of the device shall be provided to the division of motor
vehicles as a condition precedent to reinstatement of the individual's
license to drive, and the division may mark the person's license
accordingly.
I-a. Any person who is convicted of driving while under suspension or
revocation resulting from a DWI offense shall be required by the court to
install an ignition interlock device in any vehicle registered to that person
or used by that person on a regular basis, for the remaining period of
suspension or revocation plus an additional period not less than 6
months nor more than 2 years. The court may order such installation on
a temporary basis prior to conviction as a condition of bail.
I-b. To the extent that technology does not exist to permit the installation
or safe operation of any particular vehicle type when equipped with an
interlock, the court may order that a restraining device which disables
the vehicle be placed on any such vehicle registered to or used on a
regular basis by a person required to install an ignition interlock device.
II. Nothing in this section shall prohibit a court of competent jurisdiction
from requiring the installation of an ignition interlock device for any
person convicted of a violation of RSA 265-A:2 involving a vehicle, where
the conviction is not based upon a complaint which alleges prior
convictions as provided in RSA 265-A:18, IV, but the person is found to
have had one or more such prior convictions in this state or in an out-of-
state jurisdiction.
III. Any person under the age of 21 whose license or permission to drive
has been revoked or suspended under RSA 265-A:18 may be required
by the court after the period of revocation or suspension to install an
ignition interlock device as defined in RSA 259:43-a in any vehicle
registered to that person or used by that person on a regular basis, until
the age of 21 or for not less than 12 months, whichever is longer.
IV. An ignition interlock device may not be sold or distributed in this state
without the device being approved by the commissioner or the
department of safety.
V. The department of safety shall establish rules, pursuant to RSA 541-
A, for the approval of ignition interlock devices and for the licensing of
approved interlock service providers.
VI. The commissioner shall adopt rules and regulations to create an
ignition interlock program that will control the delivery of interlock service
in this state under this subdivision. The rules adopted for the licensing
of approved interlock service providers shall require that each provider,
at a minimum:
(a) Provide recalibration of each device within 30 days of installation
and every 60 days thereafter, unless otherwise ordered by the court;
(b) Maintain at least that number of locations across the state for the
installation, service, calibration, and monitoring of an ignition interlock
device as might be required from time to time by the program operating
protocol developed by the commissioner;
(c) Provide periodic reports as determined by the court or in department
rules, to the probation office and treatment provider, if applicable; if the
offender is not placed on probation, to the arresting agency and the court
of jurisdiction;
(d) Retain all data-logger records for 12 months after the end of the
period to which the offender is sentenced;
(e) Provide installation and service to those offenders determined by the
court to be unable to pay the full cost of an interlock program by
reserving for this purpose a hardship credit equal to 2 percent of the
service provider's gross receipts, excluding the purchase or rental cost
of the interlock device, which credit and free service shall be reported
annually to the department; and
(f) Provide a certificate of installation to the vehicle's owner upon
installation of the device in a form to be determined by the department's
interlock rules.
265-A:37 Alcohol Ignition Interlock Circumvention.
I. Any person required by the court to install an ignition interlock device
shall not drive any motor vehicle not equipped with this device.
II. A person shall not tamper with, or in any way attempt to circumvent the
operation of an ignition interlock device that has been installed in a
motor vehicle.
III. A person shall not start or attempt to start a motor vehicle equipped
with an ignition interlock device for the purpose of providing an operable
motor vehicle to a person who is restricted by law to drive only a motor
vehicle so equipped. The provisions of this section do not apply if the
starting of a motor vehicle, or the request to start a motor vehicle
equipped with an ignition interlock device, is done for the purpose of
safety or mechanical repair of the device or the vehicle, and the person
subject to the court order does not drive the vehicle.
IV. A person shall not knowingly provide a motor vehicle not equipped
with a functioning ignition interlock device to another person whom the
provider of the vehicle knows was sentenced to drive only a motor
vehicle equipped with an ignition interlock device.
V. Any person who violates the provisions of this section shall be guilty
of a misdemeanor.
265-A:38 Violating Court Order.
I. Upon written notice, by affidavit, that any person has violated an order
of the court with regard to the installation of an ignition interlock device
after the period of revocation or suspension imposed in RSA 265-A:18,
265:79, or 630:3, a hearing shall be scheduled within 14 business days
of the notice. Pending the hearing and upon a finding of probable cause
that a violation has occurred based upon the affidavit, the court shall
immediately suspend the defendant's privilege to drive a motor vehicle.
After the hearing and upon a finding of violation by a preponderance of
the evidence, the privilege to drive shall not be restored until the court is
satisfied that the person is in compliance with its order.
II. If it is found that a person required to drive a motor vehicle equipped
with an ignition interlock device has failed to comply with any
requirement for the maintenance or calibration of the device, or shows a
consistent pattern of failures to pass the breath test provided by the
device, the court may order a hearing to determine if the person should
be held in contempt of court. Upon a finding of contempt, the court may
sentence the defendant to up to 6 months in a county department of
corrections facility, may make such other orders as necessary to bring
about compliance, and may order a further license suspension or
revocation for a period of not more than 12 months. The period of
suspension or revocation under this section shall be added to any
previously ordered suspension or revocation.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:39 Impaired Driver Intervention Programs.
I. Except as provided in paragraph IV, the commissioner of the
department of health and human services shall be responsible for
biennially approving the impaired driver intervention programs and 7-day
residential intervention programs equivalent to the multiple DWI offender
intervention detention center program (M.O.P.) which persons convicted
under RSA 265-A:2 or RSA 265-A:3 shall attend in order to regain their
driver's licenses or driving privileges; but the commissioner of the
department of health and human services shall not approve any
impaired driver intervention program unless such program is conducted
without cost to the state. Notwithstanding RSA 6:12, any fees collected
under subparagraph V(c) of this section shall be placed in a nonlapsing
revolving account and shall be used by the commissioner for the
purposes of this subdivision only.
II. Notwithstanding any other law to the contrary, the impaired driver
intervention programs operated by the department of corrections shall
be deemed approved programs for purposes of the attendance required
at such programs for restoration of driver's licenses or driving privileges
under RSA 265-A:42.
III. An impaired driver intervention program shall consist, at a minimum,
of 20 hours of standardized educational curriculum and an exit interview.
IV. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver
intervention programs and those programs equivalent to the M.O.P. as
required in RSA 265-A:18 and RSA 265-A:42 with respect to:
(a) Procedures and forms to be followed in order for drivers who have
completed such programs to regain their licenses or driving privileges.
(b) Place of business and areas of the state in which approved
programs may operate.
(c) Records and reports.
(d) Schedule of fees and charges.
(e) Such other matters as the commissioner of the department of health
and human services and the commissioner of safety may prescribe for
the protection of the public.
V. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the operation of
impaired driver intervention programs with respect to:
(a) Course content and standards of instruction.
(b) Certification and recertification of instructors.
(c) A per client fee to be paid by program providers sufficient to cover the
costs of monitoring course content, establishing and maintaining
standards of instruction, data collection, and administrative support.
(d) Any other matter related to the proper administration of this section.
265-A:40 Multiple DWI Offender Intervention Detention Center Program.
I. The commissioner of the department of health and human services
shall be responsible for administration and operation of the 7-day
multiple DWI offender intervention detention center program which
persons convicted under RSA 265-A:2 or RSA 265-A:3 or sentenced
pursuant to RSA 651:2, V(h) may be required to attend.
II. Any person who attends the 7-day multiple DWI offender intervention
detention center program shall be required to pay the fees for
confinement and intervention costs, except that prior payment shall not
be required of any person. The fees shall be sufficient to make the
program self-supporting, exclusive of start-up costs. The fees collected
shall be deposited in a special account in the office of the state
treasurer and utilized as provided in RSA 265-A:41.
III. The state-operated 7-day multiple DWI offender intervention detention
center program shall furnish to the courts a report indicating when a
person has completed attendance at the program, and shall furnish to
the division of motor vehicles, department of safety, a report indicating
when a person who attends the program pursuant to RSA 265-A:18 has
successfully completed the program and treatment or involvement in a
substance abuse program when appropriate and warranted.
IV. The commissioner of the department of health and human services
shall submit an annual report on the 7-day state-operated multiple DWI
offender intervention detention center program, on or before January 1 of
each year, to the speaker of the house of representatives and the
president of the senate.
V. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the operation of the
7-day multiple DWI offender intervention detention center program with
respect to:
(a) Program curriculum and content.
(b) Bed availability schedules.
(c) Any other matter related to the proper administration of this section.
265-A:42 Attendance at Impaired Driver Intervention Program Required.
I. The director shall not restore the license or driving privilege of any
person whose license or privilege has been revoked or suspended
pursuant to RSA 265-A:2, I or 265-A:3 until such person has furnished
proof of successful completion of an impaired driver intervention
program which is:
(a) Approved by the commissioner of the department of health and
human services and the commissioner of safety pursuant to RSA 265-A:
39 and RSA 265-A:40;
(b) Approved by the court or the department of safety, in the case of a
person who is not a resident of this state; or
(c) Operated by the department of corrections and approved pursuant to
RSA 265-A:39, II.
II. For the purposes of this section, ""successful completion'' means
meeting further counseling requirements, if any, arising out of the final
evaluation given to the offender at the I.D.I.P. or the M.O.P. or its
equivalent; provided, however, that the offender shall have the right to a
hearing before the commissioner or designee, who shall determine
whether the further counseling requirements arising out of the final
evaluation are warranted and appropriate, and whether the offender
should be eligible for license restoration.
III. Successful completion shall also include payment of all assessed I.
D.I.P., M.O.P., and equivalent program fees, except in the case of
attendance at programs operated by the department of corrections.
Failure of the offender to make full payment of the assessed fee may
also result in petition for contempt of court charges against the offender.
IV. (a) Upon enrolling in an impaired driver intervention program, a
person shall provide to the program an original certified copy of the
person's driver's license record. Such record shall be secured from the
division of motor vehicles, or from the state in which the person holds a
driver's license, if an out-of-state resident. The person shall pay for all
costs involved in securing the certified copy.
(b) In the case of enrollment in the state-operated 7-day multiple DWI
offender intervention detention center, a person shall provide such
certified copy at the time of enrollment or prior to the issuance of a report
under RSA 265-A:40, III and RSA 265-A:18, VIII.
V. (a) A person shall be presumed to have furnished proof of successful
completion of an impaired driver intervention program if the person
furnishes a report indicating that he or she has completed attendance at
the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has
paid all assessed program fees. The presumption may be overcome by
a hearing requested by the department, or the I.D.I.P., the M.O.P., or an
equivalent program, with notice to and an opportunity to be heard by the
person, where the department and/or the I.D.I.P., the M.O.P., or an
equivalent program, shall have the burden of proving that the person
has not successfully completed an impaired driver intervention program.
(b) The I.D.I.P., the M.O.P., or an equivalent program shall inform the
department in writing of any further treatment it deems necessary in
order to be considered a completed program before a license
suspension should be restored. The department shall notify the
licensee of his or her ability to request a hearing to dispute the findings
and the licensee shall inform the department of safety if the licensee
requests a hearing within 20 days of receipt of such notice. At such
hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the
burden of proving the person has not successfully completed an
impaired driver intervention program. The I.D.I.P., the M.O.P., or an
equivalent program shall inform the department in writing within 5 days
after the end of the program attended by the licensee.
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LAWS
Below Are Some Of The Laws From CHAPTER 265-A New Hampshire
State Statutes: (Please Check The New Hampshire Government
Website Below For The Most Updated Information.)
http://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-a-mrg.htm
265-A:2 Driving or Operating Under Influence of Drugs or Liquor; Driving
or Operating With Excess Alcohol Concentration.
I. No person shall drive or attempt to drive a vehicle upon any way or
operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any
controlled drug or any combination of intoxicating liquor and controlled
drugs; or
(b) While such person has an alcohol concentration of 0.08 or more or
in the case of a person under the age of 21, 0.02 or more.
II. No person shall operate or attempt to operate a boat while under the
influence of intoxicating liquor or a controlled drug or any combination of
intoxicating liquor and a controlled drug or drugs, or while such person
has an alcohol concentration of 0.08 or more or in the case of persons
under the age of 21, 0.02 or more.
265-A:3 Aggravated Driving While Intoxicated.
A person shall be guilty of aggravated driving while intoxicated if the
person drives, operates, or attempts to operate an OHRV, or if the
person drives or attempts to drive a vehicle upon any way, or if the
person operates or attempts to operate a boat:
I. While under the influence of intoxicating liquor or any controlled drug or
any combination of intoxicating liquor and controlled drug or drugs and,
at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in
excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in
serious bodily injury, as defined in RSA 625:11, VI, to the person or
another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing
speed, extinguishing headlamps or, in the case of a boat, navigational
lamps while still in motion, or abandoning a vehicle, boat, or OHRV
while being pursued; or
(d) Carries as a passenger a person under the age of 16;
II. While having an alcohol concentration of 0.08 or more or, in the case
of a person under the age of 21 at the time of the offense, 0.02 or more
and, at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in
excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in
serious bodily injury, as defined in RSA 625:11, VI, to the person or
another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing
speed, extinguishing headlamps or, in the case of a boat, navigational
lights while still in motion, or abandoning a vehicle, boat, or OHRV while
being pursued; or
(d) Carries as a passenger a person under the age of 16; or
III. While having an alcohol concentration of 0.16 or more.
265-A:4 Implied Consent of Driver or Operator to Submit to Testing to
Determine Alcohol Concentration.
Any person who drives, operates, or attempts to operate an OHRV,
drives or attempts to drive a vehicle upon the ways of this state, or
operates or attempts to operate a boat upon the public waters of the
state shall be deemed to have given consent to physical tests and
examinations for the purpose of determining whether such person is
under the influence of intoxicating liquor or controlled drugs, and to a
chemical, infrared molecular absorption, or gas chromatograph test or
tests of any or all of any combination of the following: blood, urine, or
breath, for the purpose of determining the controlled drug content of
such person's blood or alcohol concentration if arrested for any offense
arising out of acts alleged to have been committed while the person
was driving, operating, attempting to operate, or in actual physical
control of an OHRV, driving, attempting to drive, or in actual physical
control of a vehicle, or operating, attempting to operate, or in actual
physical control of a boat while under the influence of intoxicating liquor
or controlled drugs or while having an alcohol concentration in excess of
the statutory limits contained in RSA 265-A:2 or RSA 265-A:3. The test or
tests shall be administered at the direction of a law enforcement officer,
peace officer, or authorized agent having reasonable grounds to believe
the person to have been driving, operating, attempting to operate, or in
actual physical control of an OHRV, driving or in actual physical control of
a vehicle, or operating or in actual physical control of a boat while under
the influence of intoxicating liquor or controlled drugs or while having an
alcohol concentration of 0.08 or more, or in the case of a person under
the age of 21, 0.02 or more. A copy of the report of any such test shall be
furnished by the law enforcement agency to the person tested within 48
hours of receipt of the report by the agency by certified mail directed to
the address shown on such person's license or other identification
furnished by the person. Results of a test of the breath shall be
furnished immediately in writing to the person tested by the certified
breath testing operator conducting the test. When the incident involves
an accident resulting in death or serious bodily injury to any person as
provided in RSA 265-A:16, the prerequisites of RSA 265-A:8 shall not
apply. Properly trained personnel of the United States Coast Guard may
arrest and conduct tests on persons who are believed to be under the
influence of intoxicating liquor or controlled drugs, or a combination
thereof, and who are in physical control of a boat operating upon the
public coastal waters of this state.
265-A:10 Effect of Evidence of Refusal to Take Alcohol Concentration
Test.
If a person refuses to submit to a test as provided in RSA 265-A:4, such
refusal may be admissible into evidence in a civil or criminal action or
proceeding arising out of an act alleged to have been committed by that
person while driving, operating, attempting to operate, or in actual
physical control of an OHRV, driving, attempting to drive, or in actual
physical control of a vehicle, or operating, attempting to operate, or in
actual physical control of a boat while under the influence of intoxicating
liquor or any controlled drug.
265-A:13 Incapacity to Give Consent.
Any person who is dead, unconscious, or who is otherwise in a
condition rendering him or her incapable of refusing shall be deemed
not to have withdrawn the consent provided by RSA 265-A:4 and the test
or tests may be administered. The provisions of RSA 265-A:8 shall not
apply to persons incapable of giving consent as provided for in this
section.
265-A:14 Refusal of Consent.
I. If a person under arrest for any violation or misdemeanor under RSA
265 or RSA 215-A refuses upon the request of a law enforcement officer,
authorized agent, or peace officer to submit to physical tests or to a test
of blood, urine, or breath designated by the law enforcement officer,
authorized agent, or peace officer to as provided in RSA 265-A:4, none
shall be given, but:
(a) If this is the first refusal with no prior driving or operating while
intoxicated or aggravated driving or operating while intoxicated
convictions:
(1) The director shall suspend his or her license to drive or
nonresident driving privilege for a period of 180 days; or
(2) If the person is a resident without a license or permit to drive a
motor vehicle in this state, the director shall deny to the person the
privilege to drive and the issuance of a license for a period of 180 days
after the date of the alleged violation.
(b) If the person has a prior driving or operating while intoxicated or
aggravated driving or operating while intoxicated conviction or a prior
refusal of consent under this section:
(1) The director shall suspend his or her license to drive or
nonresident driving privilege for a period of 2 years; or
(2) If the person is a resident without a license or permit to drive a
motor vehicle in this state, the director shall deny to the person the
privilege to drive and the issuance of a license for a period of 2 years
after the date of the alleged violation.
II. The 180-day or 2-year suspension period or denial of issuance period
imposed pursuant to this section shall not run concurrently with any
other penalty imposed under the provision of this title. Any such
suspension or denial of a license or privilege to drive shall be imposed
in addition to any other penalty provided by law, subject to review as
provided in RSA 265-A:31.
III. A refusal of consent for both post-arrest physical testing and testing
of blood, urine, or breath following any one arrest shall be deemed one
refusal for the purposes of this section.
IV. The provisions and penalties of this section, relative to the refusal of
consent, shall apply to any person under arrest for any violation or
misdemeanor involving the operation of a boat, after a hearing and upon
satisfactory proof of the following:
(a) That the authorized agent or peace officer had reasonable grounds
to believe the arrested person had been operating, had been attempting
to operate, or was in actual physical control of a boat upon the public
waters of this state while under the influence of intoxicating liquor or
controlled drugs or any combination thereof;
(b) That the person has been arrested;
(c) That the person refused to submit to the test upon request of the
authorized agent or peace officer;
(d) That the agent or officer informed the person arrested that his or her
refusal to submit to such a test would constitute a violation; and
(e) That the agent or officer informed the arrested person of his or her
right to have a similar test or tests conducted by a person of his or her
own choosing.
265-A:16 Blood Testing of Certain Motor Vehicle Fatalities.
When a collision, boating accident, or OHRV accident results in death or
serious bodily injury to any person, all drivers or operators involved,
whether living or deceased, and all deceased vehicle, boat, or OHRV
occupants and pedestrians involved shall be tested for evidence of
alcohol or controlled drugs. A law enforcement officer, authorized agent,
or peace officer shall request a licensed physician, registered nurse,
certified physician's assistant, or qualified medical technician or
medical technologist to withdraw blood from each driver or operator
involved if living and from the body of each deceased driver or operator,
deceased occupant, or deceased pedestrian, in accordance with RSA
611:6, II, for the purpose of testing for evidence of alcohol content or
controlled drugs; provided that in the case of a living driver or operator
the officer has probable cause to believe that the driver or operator
caused the collision or accident. All tests made under this section shall
be conducted by the forensic science laboratory established in RSA 106-
B:2-a or in any other laboratory capable of conducting such tests which
is licensed under the laws of this or any other state and which has also
been licensed by the U.S. Department of Health and Human Services
under the Clinical Laboratory Improvement Act of 1988, as amended. A
copy of the report of any such test shall be kept on file by the medical
examiner. The filed report is not a public record under RSA 91-A.
However, the report shall be made available to the following:
I. Any highway safety agency for use in compiling statistics to evaluate
the effectiveness of its program; and
II. Any person, including his or her legal representative, who is or may be
involved in a civil, criminal, or administrative action or proceeding arising
out of an accident in connection with which the test was performed.
265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.
I. Except as otherwise provided in this section:
(a) Any person who is convicted of any offense under RSA 265-A:2, I
shall be:
(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Required to furnish proof of successful completion of an impaired
driver intervention program prior to the restoration of the person's
driver's license or privilege to drive, provided that, if the person has
previously completed, or been required by a court or the department of
safety to complete, an impaired driver intervention program (I.D.I.P.) or
any similar program in any jurisdiction, the person shall be required to
furnish proof of successful completion of the multiple DWI offender
intervention detention center program (M.O.P.) or an equivalent 7-day
residential intervention program approved by the commissioner of
health and human services;
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 9 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. The court
may suspend up to 6 months of this sentence, provided that the person
has entered into the relevant driver intervention program required by
subparagraph (3) within 45 days after conviction, or as soon thereafter
as any extenuating circumstances approved by the department of health
and human services allow;
(5) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate; and
(6) The court in which the person was convicted may reduce the
conviction to a violation upon a motion filed by either party at least one
year after the date of the conviction. In deciding whether to reduce the
conviction to a violation, the court may consider the person's
subsequent driving record, any evidence of drug or alcohol treatment,
the hardship that having a criminal record may cause for the person,
and any other factors that the court deems relevant.
(b) Any person who is convicted of any aggravated DWI offense under
RSA 265-A:3, except as provided in subparagraph (c), shall be:
(1) Guilty of a class A misdemeanor;
[Paragraph I(b)(2) effective until one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph I(b)(2)
set out below.]
(2) Fined not less than $750;
[Paragraph I(b)(2) effective one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph I(b)(2)
set out above.]
(2) Fined not less than $500;
(3) Sentenced to a mandatory sentence of not less than 10
consecutive days of which 3 consecutive 24-hour periods shall be
served in the county correctional facility and 7 consecutive 24-hour
periods shall be served at the state-operated 7-day multiple DWI
offender intervention detention center established under RSA 265-A:40,
which sentence shall begin no later than 21 days after conviction. In the
event that the state-operated 7-day multiple DWI offender intervention
detention center has no available space, the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services. The person shall begin
following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order;
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 18 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. Except for
good cause found by the court and noted in writing, the court may
suspend up to 6 months of this sentence, provided that the person has
entered into the relevant driver intervention program required by
subparagraph (3) as soon as any circumstances approved by the
department of health of human services allow;
(5) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other test as the court may deem appropriate; and
(6) A person who leaves the relevant driver intervention program
required by subparagraph IV(a)(3) before completion and fails to return
and complete it as soon as extenuating circumstances approved by the
department of health and human services allow or who fails to begin
following treatment recommendations within the time required by
subparagraph IV(a)(3) shall be in contempt of court and shall serve a
minimum of 14 days in the county correctional facility.
(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I
(b) or II(b), shall be:
(1) Guilty of a class B felony;
(2) Fined not less than $1,000;
(3) Sentenced to a mandatory sentence of not less than 21
consecutive days of which 14 consecutive 24-hour periods shall be
served in the county correctional facility followed by 7 consecutive 24-
hour periods served at the state-operated 7-day multiple DWI offender
intervention detention center established under RSA 265-A:40, which
sentence shall begin no later than 21 days after conviction. In the event
that the state-operated 7-day multiple DWI offender intervention
detention center has no available space the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services, and the remainder of the
sentence may be deferred at the court's discretion. The person shall
begin following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order. The court may, at the satisfactory
completion of any ordered treatment, suspend any remaining deferred
sentence. Failure to successfully complete any court-ordered
intervention program or recommended treatment shall result in the
imposition of any remaining deferred sentence; and
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 18 months and, at the discretion of the court, such
revocation may be extended for a period not to exceed 2 years. Except for
good cause found by the court and noted in writing, the court may
suspend up to 6 months of this sentence, provided that the person has
entered into the relevant driver intervention program required by
subparagraph (3) as soon as any extenuating circumstances approved
by the department of health and human services allow.
II. Any person convicted of a violation of RSA 265-A:19, II shall be subject
to the penalties set out in this section for a violation of RSA 265-A:3. Any
person convicted of a violation of any other provision in RSA 265-A:19 or
a violation of RSA 265-A:2, II shall be subject to the penalties set out in
this section for a violation of RSA 265-A:2, I.
III. Any person who is convicted of an offense under RSA 265-A:2, I, RSA
265-A:3, or RSA 630:3, II and the offense occurred while the person was
under the age of 21 shall be sentenced according to the provisions of
this section, except that in all cases the person's driver's license or
privilege to drive shall be revoked for not less than one year.
IV. Upon conviction of any offense under RSA 265-A:2, I or RSA 265-A:3,
based on a complaint which alleged that the person has had one or
more prior convictions under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:
3, II, or under reasonably equivalent offenses in an out-of-state
jurisdiction, within 10 years preceding the date of the second or
subsequent offense, the person shall be subject to the following
penalties in addition to those provided in paragraph I:
(a) For a second offense:
(1) The person shall be guilty of a class A misdemeanor.
[Paragraph IV(a)(2) effective until one day after passage of state
operating budget for biennium ending June 30, 2009; see also
paragraph IV(a)(2) set out below.]
(2) The person shall be fined not less than $750.
[Paragraph IV(a)(2) effective one day after passage of state operating
budget for biennium ending June 30, 2009; see also paragraph IV(a)(2)
set out above.]
(2) The person shall be fined not less than $500.
(3) (A) If the complaint alleges that the prior conviction occurred within
2 years preceding the date of the second offense, the person shall be
sentenced to a mandatory sentence of not less than 37 consecutive
days of which 30 consecutive 24-hour periods shall be served in the
county correctional facility followed by 7 consecutive 24-hour periods to
be served at the state-operated 7-day multiple DWI offender intervention
detention center established under RSA 265-A:40 within 21 days after
conviction, except that in circumstances where the state-operated 7-day
multiple DWI offender intervention detention center has no available
space the person shall be assigned to an equivalent 7-day residential
intervention program approved by the commissioner of health and
human services. The person shall begin following any treatment
recommendations arising out of the final evaluation given to the person
at the multiple DWI offender intervention detention center or equivalent
program within 60 days after the person has completed serving the
required 30 consecutive 24-hour periods or such other time as the court
may order.
(B) If the complaint alleges that the prior conviction occurred more
than 2 but not more than 10 years preceding the date of the second
offense, the person shall be sentenced to a mandatory sentence of not
less than 10 consecutive days of which 3 consecutive 24-hour periods
shall be served in the county correctional facility and 7 consecutive 24-
hour periods shall be served at the state-operated 7-day multiple DWI
offender intervention detention center established under RSA 265-A:40,
which sentence shall begin no later than 21 days after conviction. In the
event that the state-operated 7-day multiple DWI offender intervention
detention center has no available space the person shall be assigned
to an equivalent 7-day residential intervention program approved by the
commissioner of health and human services. The person shall begin
following any treatment recommendations arising out of the final
evaluation given to the person at the multiple DWI offender intervention
detention center or equivalent program within 60 days after the person
has completed serving the required 7 consecutive 24-hour periods or
such other time as the court may order.
(4) The person's driver's license or privilege to drive shall be revoked
for not less than 3 years.
(5) The person shall pay a fee to the commissioner, as established
under RSA 126-A:43, for the costs of the state-operated 7-day multiple
DWI offender intervention detention center program prior to license
restoration. If the person attends an approved equivalent 7-day
residential intervention program, the fees and costs shall be paid to the
program.
(6) A person who leaves the program before completion and fails to
return and complete it as soon thereafter as extenuating circumstances
approved by the department of health and human services allow, or who
fails to begin following treatment recommendations within the time
required by subparagraph IV(a)(3) shall be in contempt of court and
shall serve a minimum of 30 days in the county correctional facility.
(7) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling, or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate.
(b) For a third offense, any person convicted under this paragraph shall
be subject to all the penalties of subparagraph (a) except that:
(1) The person's driver's license or privilege to drive shall be revoked
indefinitely and shall not be restored for at least 5 years. At the end of the
5-year minimum revocation period the person may petition the court for
eligibility to reapply for a driver's license and the court, for good cause
shown, may grant such eligibility subject to such terms and conditions
as the court may prescribe. Any untimely petition under this
subparagraph shall be dismissed without a hearing. If such petition is
granted and the person is otherwise eligible for license restoration, the
person may then apply to the director for restoration of driver's license,
but the license shall not be restored until the provisions of RSA 263:65-a
and all other requirements under law are met.
(2) The person shall be sentenced to a mandatory sentence of not
less than 180 consecutive days of which 30 consecutive 24-hour
periods shall be served in the county correctional facility following which
the person shall complete at the person's own expense a residential
treatment program of at least 28 days duration or an intensive course of
substance abuse treatment based upon a formal evaluation by a
licensed alcohol and other drug counselor and approved by the
department of health and human services before the driver's license
may be restored. The remainder of the sentence may be deferred for a
period of up to 2 years. The court may, at the satisfactory completion of
any ordered treatment, suspend any remaining deferred sentence.
Failure to successfully complete any court-ordered intervention program
or recommended treatment shall result in the imposition of any
remaining deferred sentence.
(3) The sentencing court may sentence the person to additional
alcohol and/or drug treatment and counseling or to a treatment program
approved by the commissioner of health and human services, or both. In
addition, the court may require the person to submit to random
urinalysis or such other tests as the court may deem appropriate.
(c) For a fourth or subsequent offense, any person convicted under this
paragraph shall be subject to all the penalties of subparagraphs (a) and
(b) except that the person shall be guilty of a felony, and the person's
driver's license or privilege to drive shall be revoked indefinitely and the
person shall not petition for eligibility to reapply for a driver's license as
provided in subparagraph (b)(1) for at least 7 years.
(d) For a third or subsequent offense when any prior offense under this
paragraph is negligent homicide under RSA 630:3, II, or reasonably
equivalent offense in an out-of-state jurisdiction, the person convicted
under this paragraph shall be subject to all the penalties of
subparagraphs (a) and (b) except that the person's driver's license or
privilege to drive shall be revoked indefinitely and the person shall not
petition for eligibility to reapply for a driver's license as provided in
subparagraph (b)(1) for at least 10 years.
V. Voluntary completion of an impaired driver intervention program, or an
appropriate equivalent, and commencement of treatment recommended
by the program may be considered by a court when determining a
sentence under this section.
VI. If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:
3, and the conviction is not based upon a complaint which alleges prior
convictions as provided in paragraph IV, but the person is found to have
had one or more such prior convictions in this state or in an out-of-state
jurisdiction within 10 years preceding the date of the offense, the
person's driver's license or privilege to drive shall be revoked for not
less than one year nor more than 3 years. Except for good cause found
by the court and noted in writing, the court may suspend up to 6 months
of this sentence, provided that within 45 days after conviction the person
has entered the 7-day program at the state-operated multiple DWI
offender intervention detention center program or an equivalent 7-day
residential intervention program approved by the commissioner of
health and human services, as provided in RSA 265-A:40 and RSA 265-
A:42. The person's license shall not be restored until the person has
successfully completed the program. The court may further order
attendance at a residential treatment center, for a period not to exceed
30 days, at the person's own expense.
VII. For the purposes of this section:
(a) ""Revocation'' or ""revoked'' means revocation as defined in RSA 259:
90 and also includes, if the person is a nonresident, the revocation of
the person's privilege as an out-of-state driver to drive on any ways of
this state.
(b) ""Out-of-state jurisdiction'' includes any governmental entity that
issues driver's licenses that are valid for operating a motor vehicle on
the ways of this state as provided in RSA 263:37, and that has laws
relating to driving while intoxicated that are reasonably equivalent to the
laws of this state.
(c) ""Successful completion'' means meeting further counseling
requirements, if any, arising out of the final evaluation given to the
offender at the I.D.I.P. or the M.O.P. or its equivalent; provided, however,
that the offender shall have the right to a hearing before the
commissioner or designee, who shall determine whether the further
counseling requirements arising out of the final evaluation are
warranted and appropriate, and whether the offender should be eligible
for license restoration. The definition in this subparagraph shall also
apply to RSA 265-A:42.
(d) A person shall be presumed to have furnished proof of successful
completion of an impaired driver intervention program if the person
furnishes a report indicating that he or she has completed attendance at
the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has
paid all assessed program fees. The presumption may be overcome by
a hearing requested by the department, or the I.D.I.P., the M.O.P., or an
equivalent program, with notice to and an opportunity to be heard by the
person, where the department and/or the I.D.I.P., the M.O.P., or an
equivalent program shall have the burden of proving that the person has
not successfully completed an impaired driver intervention program.
(e) The I.D.I.P., the M.O.P., or an equivalent program shall inform the
department of safety in writing of any further treatment it deems
necessary in order to be considered a completed program before a
license suspension should be restored. The department of safety shall
notify the licensee of his or her ability to request a hearing to dispute the
findings and the licensee shall inform the department of safety if the
licensee requests a hearing within 20 days of receipt of such notice. At
such hearing the I.D.I. P., the M.O.P., or an equivalent program shall
have the burden of proving the person has not successfully completed
an impaired driver intervention program. The I.D.I.P., the M.O.P., or an
equivalent program shall inform the department of safety in writing
within 5 days after the end of the program attended by the licensee.
VIII. No portion of the minimum mandatory sentence of imprisonment
and no portion of the mandatory sentence of the period of revocation and
no portion of any fine imposed under this section shall be suspended or
reduced by the court. No case brought to enforce this section shall be
continued for sentencing for longer than 35 days. No person serving the
minimum mandatory sentence under this section shall be discharged
pursuant to authority granted under RSA 651:18, released pursuant to
authority granted under RSA 651:19, or in any manner, except as
provided in RSA 623:1, prevented from serving the full amount of such
minimum mandatory sentence under any authority granted by RSA title
LXII or any other provision of law.
IX. Upon conviction under the provisions of RSA 265-A:2, I or RSA 265-A:
3, the prosecutor shall present to the court a certified copy of the
defendant's record of convictions of motor vehicle offenses under RSA
title XXI and reasonably equivalent offenses in out-of-state jurisdictions
which are on record at the New Hampshire division of motor vehicles or
known to the prosecutor, or a signed statement that the defendant has
no such prior convictions within the preceding 7 years. Prior to
sentencing the court shall note on the complaint the number of prior
convictions for drug or alcohol-related motor vehicle offenses, or the
absence of any such prior convictions, as shown on such report or
statement.
X. Any conviction under RSA 265-A:2, I or RSA 265-A:3 shall be reported
to the department of safety, division of motor vehicles, and shall become
a part of the motor vehicle driving record of the person convicted.
XI. Any person convicted of a violation of RSA 265-A:2, RSA 265-A:3, or
RSA 265-A:19, II, and who at the time of driving or attempting to drive a
vehicle or off highway recreational vehicle or operating or attempting to
operate a boat was transporting a person under the age of 16, shall
have the driver's license or privilege to drive revoked for the maximum
time period under the section violated and the person's license or
privilege to drive shall not be restored until the offender has successfully
completed a 7-day program at the state-operated multiple DWI offender
program or an equivalent 7-day residential intervention program
approved by the commissioner at the person's own expense.
265-A:23 Commercial Licensing; Penalties; Driving Under the Influence.
Any person who drives a commercial motor vehicle with or without a
valid commercial driver license and commits one of the following
offenses shall be punished as follows:
I. The commissioner shall suspend for at least one year, the
commercial driver license of a person who is found to have committed a
first violation of driving a commercial motor vehicle under the influence
of alcohol or with an alcohol concentration of 0.04 or greater, or other
controlled substances, notwithstanding RSA 265-A:11, I.
II. If the driver commits a violation of paragraph I while carrying
hazardous materials, the suspension shall be for a period of 3 years.
III. The commissioner shall suspend for life, or a period of not less than
10 years, according to federal Department of Transportation regulations,
the commercial driver license of a person who is found to have
committed a second violation of driving a commercial motor vehicle
under the influence of alcohol or with an alcohol concentration of 0.04 or
greater, or other controlled substance, notwithstanding RSA 265-A:11, I.
265-A:24 Commercial Drivers Prohibited From Driving With any Alcohol
in Their Systems.
I. Notwithstanding any other provision of law, a person shall not drive a
commercial motor vehicle while having alcohol in his or her system.
II. A person who drives a commercial motor vehicle while having alcohol
in his or her system, or who refuses to take a test to determine his or
her alcohol concentration, shall be placed out-of-service for 24 hours.
265-A:25 Implied Consent Requirements for Commercial Motor Vehicle
Drivers. –
I. Any person who drives a commercial motor vehicle upon the ways of
New Hampshire shall be deemed to have given consent, subject to the
provisions of RSA 265-A:4, to a test or tests of any or all or any
combination of the following: blood, breath, or urine, for the purpose of
determining that person's alcohol concentration, or the presence of
other drugs.
II. A test or tests may be administered at the direction of a law
enforcement officer who, after stopping or detaining the commercial
motor vehicle driver, has probable cause to believe that the driver was
driving a commercial motor vehicle while having alcohol in his system.
III. (a) Upon the first refusal of any person to submit to a test or tests as
administered by a law enforcement officer for the purposes of
determining the person's alcohol concentration or the presence of other
drugs, the director shall revoke his or her commercial license for a
period of not less than one year.
(b) If the person has a prior refusal under subparagraph III(a) then,
upon the second or subsequent refusal of such person to submit to a
test or tests as administered by a law enforcement officer for the
purposes of determining the person's alcohol concentration or the
presence of other drugs, the director shall revoke his or her commercial
license for a period of not less than 10 years.
IV. If the person refuses testing, or submits to a test which discloses an
alcohol concentration of 0.04 or more, the law enforcement officer shall
submit a sworn report to the department certifying that the test was
requested pursuant to paragraph I and that the person refused to
submit to testing, or submitted to a test which disclosed an alcohol
concentration of 0.04 or more.
V. Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph IV, the department shall disqualify the driver
from driving a commercial motor vehicle under RSA 265-A:23.
VI. The driver shall have the opportunity for a hearing and appeal as
provided in RSA 265-A:31 and RSA 265-A:34.
265-A:26 Revocation of License for Driving While Intoxicated and Appeal.
I. Upon a conviction of a violation of RSA 265-A:2 or RSA 265-A:3, the
court shall report to the department and shall immediately revoke the
license or driving privilege of the person so convicted, or the right of a
nonresident so convicted to drive within the state of New Hampshire;
and said court in the case of holders of New Hampshire licenses shall
return such license with its findings marked thereon, together with the
court return, to the department; and the department may revoke the
license of any person who shall be convicted of a similar offense by a
court of any other state in a criminal proceeding, or who shall be found
to have committed a similar act by a court of any other state in a civil
proceeding.
II. Whenever any person convicted of a violation of RSA 265-A:2 or RSA
265-A:3 appeals, the district court shall forthwith revoke the license or
driving privilege of such person and, in case of a holder of a New
Hampshire license, shall return such license together with the court
return to the department which shall not reissue any license until the
period of revocation determined by the court has elapsed.
265-A:27 Not Guilty Finding; Return of License.
Any person whose license was revoked under the provisions of RSA
265-A:26 who appeals and is not found guilty shall have any previously
held license returned. No additional fee requirements shall be imposed
in connection with such license restoration.
265-A:28 License Restored Upon Proof of Financial Responsibility.
Notwithstanding the provisions of RSA 263:71, the director shall not
restore a license or driving privilege to a person whose license or
driving privileges have been revoked pursuant to RSA 265-A:18 until
such person has furnished proof of financial responsibility as required
by other provisions of the law.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:29 Revocation of Nonresident Privilege.
When it has been finally determined under the procedures of this
subdivision that a nonresident's privilege to drive a motor vehicle in this
state has been revoked, the department shall give information in writing
or by electronic means of the action taken to the motor vehicle
administrator of the state of the person's residence and of any state in
which he or she has a license.
265-A:30 Administrative License Suspension.
I. If any person refuses a test as provided in RSA 265-A:14 or submits to
a test described in RSA 265-A:4 which discloses an alcohol
concentration of 0.08 or more or, in the case of a person under the age
of 21 at the time of the violation, 0.02 or more, the law enforcement
officer shall submit a sworn report to the department. In the report the
officer shall certify that the test was requested pursuant to RSA 265-A:4
and that the person refused to submit to testing or submitted to a test
which disclosed an alcohol concentration of 0.08 or more, or, in the
case of a person under the age of 21, 0.02 or more.
II. Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph I, the department shall suspend the
person's driver's license or privilege to drive as follows:
(a) In the case of a refusal to take a test described in RSA 265-A:4, the
suspension shall be for the period specified in RSA 265-A:14.
(b) In the case of a person who submits to a test described in RSA 265-
A:4 which discloses an alcohol concentration of 0.08 or more or, in the
case of a person under the age of 21 at the time of the violation, 0.02 or
more, the suspension shall be for:
(1) Six months if there is no prior refusal under RSA 265-A:14, no prior
driving while intoxicated or aggravated driving while intoxicated
convictions, and no prior administrative license suspension pursuant to
RSA 265-A:30.
(2) Two years if there is a prior refusal under RSA 265-A:14, or a prior
driving while intoxicated or aggravated driving while intoxicated
conviction, or a prior administrative suspension pursuant to RSA 265-A:
30.
III. On behalf of the department, the law enforcement officer submitting
the sworn report under paragraph I shall serve immediate notice of
suspension on the person, and the suspension shall be effective 30
days after the date of service. If the person has a valid New Hampshire
driver's license, an officer shall take the driver's license of the person,
and issue a temporary license valid for the notice period. The officer
shall send the license to the department along with the sworn report
under paragraph I.
IV. If the person submits to a test described in RSA 265-A:4 and the
results of the test are not immediately available and therefore no notice
has been served by the law enforcement officer, the department shall
mail such notice and the suspension shall be effective 30 days after the
date of service. If the address shown in the law enforcement officer's
report differs from that shown on the department records, the notice
shall be mailed to both addresses. The notice shall be presumed to
have been served 3 days after mailing. Upon receipt of the notice of
suspension and before requesting any review or hearing under RSA
265-A:31, if the person has a New Hampshire driver's license that has
not been surrendered, the person shall surrender such person's
license at a place designated by the department and shall be issued a
temporary driving permit valid for the notice period.
V. In the case of a person who has a driver's license from another
jurisdiction, all provisions of this subdivision shall apply except that
surrender of the out-of-state driver's license and issuance of a
temporary driving permit shall not be required. The department shall
transmit a copy of the suspension order to the motor vehicle authorities
in the jurisdiction where the person's license was issued, and also in
the jurisdiction of the person's residence if different from that where the
license was issued.
265-A:31 Administrative Review and Hearings.
I. (a) Any person whose license is suspended or revoked under this
subdivision may request either an administrative review or a hearing.
The request shall be in writing and shall state the grounds upon which
the person seeks to have the order of suspension or revocation
rescinded, which grounds shall be limited to those provided in
paragraph II. The filing of the request shall not stay the suspension or
revocation. A request for either administrative review or hearing received
by the department after 30 days from the date the notice is issued shall
be denied as untimely.
(b) If the request is for an administrative review, the request may be
accompanied by any statement or other evidence which the person
wants the department to consider. Upon receiving the request the
department shall review the order, the evidence upon which it is based,
including whether the person was driving or in actual physical control of
a motor vehicle, and any other information brought to the attention of the
department, and shall determine whether sufficient cause exists to
sustain the order.
(c) If the request is for a hearing, the request shall also indicate whether
or not the person desires to have the law enforcement officer present.
The hearing shall be held within 20 days after the filing of the request
unless the person requests a continuance. A request for a continuance
by the person shall not stay the order of suspension or revocation. The
hearing shall be recorded, and be conducted by the department's
designated agent. The hearing may be conducted upon a review of the
law enforcement officer's report if there is no request to have the officer
present. If there is a request that the law enforcement officer be present
at the hearing and the officer fails to appear without good cause shown,
the case shall be dismissed and the order rescinded. If the person
requesting the hearing fails to appear without good cause shown, the
right to a hearing shall be waived and the order sustained.
II. The scope of the administrative review or hearing shall be limited to
the issues of:
(a) Whether the officer had reasonable grounds to believe the arrested
person had been driving, attempting to drive, or was in actual physical
control of a vehicle upon the ways of this state or operating or attempting
to operate a boat on the waters of this state or was driving, operating,
attempting to operate, or in actual physical control of an OHRV while
under the influence of intoxicating liquor, narcotics, or drugs;
(b) The facts upon which the reasonable grounds to believe such are
based;
(c) Whether the person had been arrested;
(d) Whether the person has refused to submit to the test upon the
request of the law enforcement officer or whether a properly
administered test or tests disclosed an alcohol concentration of 0.08 or
more, or, in the case of a person under 21 years of age, 0.02 or more;
(e) Whether the officer informed the arrested person of his or her right to
have a similar test or tests conducted by a person of his or her own
choosing; and
(f) Whether the officer informed the arrested person of the fact that
refusal to permit the test would result in suspension of his or her
license or driving privilege and that testing above the alcohol
concentration level specified in RSA 265-A:2 or RSA 265-A:3 would also
result in suspension.
III. In the case of either an administrative review or a hearing, the hearing
examiner shall issue his or her recommendation on the order of
suspension or revocation within 15 days of the request for
administrative review or the hearing date. The recommendation shall be
in writing and a copy shall be provided to the parties. The
recommendation shall be final unless a review or appeal is filed under
RSA 265-A:33 or RSA 265-A:34.
265-A:32 Period of License Suspension.
Where a license or driving privilege has been suspended under RSA
265-A:30 and the person is also convicted on criminal charges arising
out of the same event both the suspension and the court-ordered
revocation shall be imposed but the total period of suspension and
revocation shall not exceed the longer of the 2 periods; provided,
however, that any suspension for refusing to submit to a test under the
provisions of RSA 265-A:14 shall not run concurrently with any other
penalty imposed under the provisions of this title.
265-A:33
Within 10 days following the examiner's ruling, a person whose license
has been suspended or revoked, or the law enforcement officer, may
petition the director for a review of the ruling. The filing of the petition
shall not stay a suspension or revocation of the person's driver's license
or privilege to drive if imposed, or the restoration of the person's driver's
license or privilege to drive. The review shall determine whether the
ruling is erroneous as a matter of law or cannot be sustained by the
facts as presented at the hearing. After a review of the ruling, the director
shall issue within 10 days a finding either affirming the ruling or granting
a new hearing. Any grant of a new hearing shall be accompanied by a
written explanation setting forth the specific error of law or the reason
why the ruling cannot be sustained by the facts.
265-A:34 Appeal; Administrative License Suspension.
I. Any person aggrieved by a decision of the department under this
subdivision, after the administrative hearing or review, may appeal the
decision as provided in this section. The court shall have the full
authority to determine whether any license suspension or revocation
should be stayed during the pendency of the appeal.
II. If the suspension is sustained after a hearing as provided in RSA 265-
A:31, a person shall have the right to file a petition in the superior court
in the county in which he or she was arrested to review the final order by
the director or the director's authorized agent within 30 days of the date
of the final order. Jurisdiction to hear such appeals is vested in the
superior court.
III. At the earliest practical time, the court shall review the record as
developed before the director or authorized agent, together with any
written legal argument presented to the court. Based on that review, the
court may affirm or reverse the decision of the director or agent or order
that oral argument be held. As justice may require, the court may
remand the case to the director or authorized agent for further findings or
rulings. In no event shall the oral argument be held less than 14 days
after notice has been provided to the director. The petition for appeal
shall set forth all the grounds upon which the final order is sought to be
overturned. Issues not raised by the appellant before the director or
agent shall not be raised before the superior court. The burden of proof
shall be upon the appellant to show that the decision of the director or
agent was clearly unreasonable or unlawful, and all findings of the
director or agent upon all questions of fact properly before him or her
shall be deemed to be prima facie lawful and reasonable. The order or
decision appealed from shall not be set aside or vacated except for
errors of law, unless the court is satisfied, by a clear preponderance of
the evidence before it, that the order is unjust or unreasonable.
IV. No new or additional evidence shall be introduced in the superior
court, but the case shall be determined upon the record and evidence
transferred, except that in any case, if it shall be necessary in order that
no party shall be deprived of any constitutional right, or if the court shall
be of the opinion that justice requires the reception of evidence of facts
which have occurred since the hearing, or which by reason of accident,
mistake, or misfortune could not have been offered before the director or
authorized agent, it shall remand the case to the director or authorized
agent to receive and consider such additional evidence.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:35 Probationary Licenses.
I. Any person who shall apply for reissuance of his or her driver's license
following revocation or suspension for an offense under RSA 265:79,
RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 for an offense involving a
vehicle is an ""at risk'' driver and his or her driver's license shall be
probationary for at least 5 years following the date of reissuance.
II. No holder of a probationary license shall drive or attempt to drive a
vehicle upon any way when he or she is under the influence of
intoxicating liquor or any controlled drug or any combination of
intoxicating liquor and controlled drugs, so that the alcohol concentration
is 0.03 or more. Driving with an alcohol concentration of 0.03 or more is
a per se violation of a probationary license and subjects the
probationary license holder to administrative suspension of his or her
driver's license for not less than 90 days and not more than 180 days.
Such administrative suspension shall be in addition to any court
imposed suspension or revocation periods.
III. Any probationary license holder whom the police have reasonable
cause to believe is driving with an alcohol concentration of 0.03 or more
and who refuses to submit to a test for alcohol concentration shall have
his or her driver's license administratively suspended for a period of 90
days.
265-A:36 Alcohol Ignition Interlock Program Established.
I. Any person whose license or permission to drive has been revoked or
suspended for an aggravated DWI offense under RSA 265-A:18, I(b), I
(c), or a subsequent DWI offense under RSA 265-A:18, IV may be
required by the court after the period of revocation or suspension to
install an ignition interlock device as defined in RSA 259:43-a in any
vehicle registered to that person or used by that person on a regular
basis, for not less than 6 months nor more than 2 years. Installation and
monitoring costs shall be paid by the offender. A certificate proving
installation of the device shall be provided to the division of motor
vehicles as a condition precedent to reinstatement of the individual's
license to drive, and the division may mark the person's license
accordingly.
I-a. Any person who is convicted of driving while under suspension or
revocation resulting from a DWI offense shall be required by the court to
install an ignition interlock device in any vehicle registered to that person
or used by that person on a regular basis, for the remaining period of
suspension or revocation plus an additional period not less than 6
months nor more than 2 years. The court may order such installation on
a temporary basis prior to conviction as a condition of bail.
I-b. To the extent that technology does not exist to permit the installation
or safe operation of any particular vehicle type when equipped with an
interlock, the court may order that a restraining device which disables
the vehicle be placed on any such vehicle registered to or used on a
regular basis by a person required to install an ignition interlock device.
II. Nothing in this section shall prohibit a court of competent jurisdiction
from requiring the installation of an ignition interlock device for any
person convicted of a violation of RSA 265-A:2 involving a vehicle, where
the conviction is not based upon a complaint which alleges prior
convictions as provided in RSA 265-A:18, IV, but the person is found to
have had one or more such prior convictions in this state or in an out-of-
state jurisdiction.
III. Any person under the age of 21 whose license or permission to drive
has been revoked or suspended under RSA 265-A:18 may be required
by the court after the period of revocation or suspension to install an
ignition interlock device as defined in RSA 259:43-a in any vehicle
registered to that person or used by that person on a regular basis, until
the age of 21 or for not less than 12 months, whichever is longer.
IV. An ignition interlock device may not be sold or distributed in this state
without the device being approved by the commissioner or the
department of safety.
V. The department of safety shall establish rules, pursuant to RSA 541-
A, for the approval of ignition interlock devices and for the licensing of
approved interlock service providers.
VI. The commissioner shall adopt rules and regulations to create an
ignition interlock program that will control the delivery of interlock service
in this state under this subdivision. The rules adopted for the licensing
of approved interlock service providers shall require that each provider,
at a minimum:
(a) Provide recalibration of each device within 30 days of installation
and every 60 days thereafter, unless otherwise ordered by the court;
(b) Maintain at least that number of locations across the state for the
installation, service, calibration, and monitoring of an ignition interlock
device as might be required from time to time by the program operating
protocol developed by the commissioner;
(c) Provide periodic reports as determined by the court or in department
rules, to the probation office and treatment provider, if applicable; if the
offender is not placed on probation, to the arresting agency and the court
of jurisdiction;
(d) Retain all data-logger records for 12 months after the end of the
period to which the offender is sentenced;
(e) Provide installation and service to those offenders determined by the
court to be unable to pay the full cost of an interlock program by
reserving for this purpose a hardship credit equal to 2 percent of the
service provider's gross receipts, excluding the purchase or rental cost
of the interlock device, which credit and free service shall be reported
annually to the department; and
(f) Provide a certificate of installation to the vehicle's owner upon
installation of the device in a form to be determined by the department's
interlock rules.
265-A:37 Alcohol Ignition Interlock Circumvention.
I. Any person required by the court to install an ignition interlock device
shall not drive any motor vehicle not equipped with this device.
II. A person shall not tamper with, or in any way attempt to circumvent the
operation of an ignition interlock device that has been installed in a
motor vehicle.
III. A person shall not start or attempt to start a motor vehicle equipped
with an ignition interlock device for the purpose of providing an operable
motor vehicle to a person who is restricted by law to drive only a motor
vehicle so equipped. The provisions of this section do not apply if the
starting of a motor vehicle, or the request to start a motor vehicle
equipped with an ignition interlock device, is done for the purpose of
safety or mechanical repair of the device or the vehicle, and the person
subject to the court order does not drive the vehicle.
IV. A person shall not knowingly provide a motor vehicle not equipped
with a functioning ignition interlock device to another person whom the
provider of the vehicle knows was sentenced to drive only a motor
vehicle equipped with an ignition interlock device.
V. Any person who violates the provisions of this section shall be guilty
of a misdemeanor.
265-A:38 Violating Court Order.
I. Upon written notice, by affidavit, that any person has violated an order
of the court with regard to the installation of an ignition interlock device
after the period of revocation or suspension imposed in RSA 265-A:18,
265:79, or 630:3, a hearing shall be scheduled within 14 business days
of the notice. Pending the hearing and upon a finding of probable cause
that a violation has occurred based upon the affidavit, the court shall
immediately suspend the defendant's privilege to drive a motor vehicle.
After the hearing and upon a finding of violation by a preponderance of
the evidence, the privilege to drive shall not be restored until the court is
satisfied that the person is in compliance with its order.
II. If it is found that a person required to drive a motor vehicle equipped
with an ignition interlock device has failed to comply with any
requirement for the maintenance or calibration of the device, or shows a
consistent pattern of failures to pass the breath test provided by the
device, the court may order a hearing to determine if the person should
be held in contempt of court. Upon a finding of contempt, the court may
sentence the defendant to up to 6 months in a county department of
corrections facility, may make such other orders as necessary to bring
about compliance, and may order a further license suspension or
revocation for a period of not more than 12 months. The period of
suspension or revocation under this section shall be added to any
previously ordered suspension or revocation.
Source. 2006, 260:1, eff. Jan. 1, 2007.
265-A:39 Impaired Driver Intervention Programs.
I. Except as provided in paragraph IV, the commissioner of the
department of health and human services shall be responsible for
biennially approving the impaired driver intervention programs and 7-day
residential intervention programs equivalent to the multiple DWI offender
intervention detention center program (M.O.P.) which persons convicted
under RSA 265-A:2 or RSA 265-A:3 shall attend in order to regain their
driver's licenses or driving privileges; but the commissioner of the
department of health and human services shall not approve any
impaired driver intervention program unless such program is conducted
without cost to the state. Notwithstanding RSA 6:12, any fees collected
under subparagraph V(c) of this section shall be placed in a nonlapsing
revolving account and shall be used by the commissioner for the
purposes of this subdivision only.
II. Notwithstanding any other law to the contrary, the impaired driver
intervention programs operated by the department of corrections shall
be deemed approved programs for purposes of the attendance required
at such programs for restoration of driver's licenses or driving privileges
under RSA 265-A:42.
III. An impaired driver intervention program shall consist, at a minimum,
of 20 hours of standardized educational curriculum and an exit interview.
IV. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver
intervention programs and those programs equivalent to the M.O.P. as
required in RSA 265-A:18 and RSA 265-A:42 with respect to:
(a) Procedures and forms to be followed in order for drivers who have
completed such programs to regain their licenses or driving privileges.
(b) Place of business and areas of the state in which approved
programs may operate.
(c) Records and reports.
(d) Schedule of fees and charges.
(e) Such other matters as the commissioner of the department of health
and human services and the commissioner of safety may prescribe for
the protection of the public.
V. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the operation of
impaired driver intervention programs with respect to:
(a) Course content and standards of instruction.
(b) Certification and recertification of instructors.
(c) A per client fee to be paid by program providers sufficient to cover the
costs of monitoring course content, establishing and maintaining
standards of instruction, data collection, and administrative support.
(d) Any other matter related to the proper administration of this section.
265-A:40 Multiple DWI Offender Intervention Detention Center Program.
I. The commissioner of the department of health and human services
shall be responsible for administration and operation of the 7-day
multiple DWI offender intervention detention center program which
persons convicted under RSA 265-A:2 or RSA 265-A:3 or sentenced
pursuant to RSA 651:2, V(h) may be required to attend.
II. Any person who attends the 7-day multiple DWI offender intervention
detention center program shall be required to pay the fees for
confinement and intervention costs, except that prior payment shall not
be required of any person. The fees shall be sufficient to make the
program self-supporting, exclusive of start-up costs. The fees collected
shall be deposited in a special account in the office of the state
treasurer and utilized as provided in RSA 265-A:41.
III. The state-operated 7-day multiple DWI offender intervention detention
center program shall furnish to the courts a report indicating when a
person has completed attendance at the program, and shall furnish to
the division of motor vehicles, department of safety, a report indicating
when a person who attends the program pursuant to RSA 265-A:18 has
successfully completed the program and treatment or involvement in a
substance abuse program when appropriate and warranted.
IV. The commissioner of the department of health and human services
shall submit an annual report on the 7-day state-operated multiple DWI
offender intervention detention center program, on or before January 1 of
each year, to the speaker of the house of representatives and the
president of the senate.
V. The commissioner of the department of health and human services
shall adopt rules, pursuant to RSA 541-A, relative to the operation of the
7-day multiple DWI offender intervention detention center program with
respect to:
(a) Program curriculum and content.
(b) Bed availability schedules.
(c) Any other matter related to the proper administration of this section.
265-A:42 Attendance at Impaired Driver Intervention Program Required.
I. The director shall not restore the license or driving privilege of any
person whose license or privilege has been revoked or suspended
pursuant to RSA 265-A:2, I or 265-A:3 until such person has furnished
proof of successful completion of an impaired driver intervention
program which is:
(a) Approved by the commissioner of the department of health and
human services and the commissioner of safety pursuant to RSA 265-A:
39 and RSA 265-A:40;
(b) Approved by the court or the department of safety, in the case of a
person who is not a resident of this state; or
(c) Operated by the department of corrections and approved pursuant to
RSA 265-A:39, II.
II. For the purposes of this section, ""successful completion'' means
meeting further counseling requirements, if any, arising out of the final
evaluation given to the offender at the I.D.I.P. or the M.O.P. or its
equivalent; provided, however, that the offender shall have the right to a
hearing before the commissioner or designee, who shall determine
whether the further counseling requirements arising out of the final
evaluation are warranted and appropriate, and whether the offender
should be eligible for license restoration.
III. Successful completion shall also include payment of all assessed I.
D.I.P., M.O.P., and equivalent program fees, except in the case of
attendance at programs operated by the department of corrections.
Failure of the offender to make full payment of the assessed fee may
also result in petition for contempt of court charges against the offender.
IV. (a) Upon enrolling in an impaired driver intervention program, a
person shall provide to the program an original certified copy of the
person's driver's license record. Such record shall be secured from the
division of motor vehicles, or from the state in which the person holds a
driver's license, if an out-of-state resident. The person shall pay for all
costs involved in securing the certified copy.
(b) In the case of enrollment in the state-operated 7-day multiple DWI
offender intervention detention center, a person shall provide such
certified copy at the time of enrollment or prior to the issuance of a report
under RSA 265-A:40, III and RSA 265-A:18, VIII.
V. (a) A person shall be presumed to have furnished proof of successful
completion of an impaired driver intervention program if the person
furnishes a report indicating that he or she has completed attendance at
the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has
paid all assessed program fees. The presumption may be overcome by
a hearing requested by the department, or the I.D.I.P., the M.O.P., or an
equivalent program, with notice to and an opportunity to be heard by the
person, where the department and/or the I.D.I.P., the M.O.P., or an
equivalent program, shall have the burden of proving that the person
has not successfully completed an impaired driver intervention program.
(b) The I.D.I.P., the M.O.P., or an equivalent program shall inform the
department in writing of any further treatment it deems necessary in
order to be considered a completed program before a license
suspension should be restored. The department shall notify the
licensee of his or her ability to request a hearing to dispute the findings
and the licensee shall inform the department of safety if the licensee
requests a hearing within 20 days of receipt of such notice. At such
hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the
burden of proving the person has not successfully completed an
impaired driver intervention program. The I.D.I.P., the M.O.P., or an
equivalent program shall inform the department in writing within 5 days
after the end of the program attended by the licensee.
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