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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXI - Motor Vehicles » Title 265-A - Alcohol or Drug Impairment

Section 265-A:27 – Not Guilty Finding; Return of License.

    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 – Any person whose license was revoked under the provisions of RSA 265-A:26 who appeals and is not found guilty shall have any previously held license returned.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. Source. 2006, 260:1, eff. Jan. 1, 2007.

Section 265-A:28 – License Restored Upon Proof of Financial Responsibility.

    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the director shall not restore a license or driving privilege to a person whose license or driving privileges have been revoked pursuant to RSA 265-A:18 until such person has furnished proof of financial responsibility as required by other provisions […]

Section 265-A:29 – Revocation of Nonresident Privilege.

    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under the procedures of this subdivision that a nonresident’s privilege to drive a motor vehicle in this state has been revoked, the department shall give information in writing or by electronic means of the action taken to the motor vehicle administrator of […]

Section 265-A:3 – Aggravated Driving While Intoxicated.

    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 […]

Section 265-A:3-a – Arraignment.

    265-A:3-a Arraignment. – To the extent practicable, a law enforcement officer charging a person with violating RSA 265-A:2 or RSA 265-A:3 shall schedule an arraignment on such charge to take place no later than 14 business days after the date of the violation. Source. 2012, 228:3, eff. Jan. 1, 2013.

Section 265-A:30 – Administrative License Suspension.

    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 […]

Section 265-A:31 – Administrative Review and Hearings.

    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 […]

Section 265-A:32 – Period of License Suspension.

    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 […]

Section 265-A:33 – Review.

    265-A:33 Review. – 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 […]

Section 265-A:34 – Appeal; Administrative License Suspension.

    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 […]

Section 265-A:35 – Probationary Licenses.

    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 […]

Section 265-A:36 – Alcohol Ignition Interlock Program Established.

    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) or I(c), or a subsequent DWI offense under RSA 265-A:18, IV shall be required by the court after the period of revocation or suspension […]

Section 265-A:37 – Alcohol Ignition Interlock Circumvention.

    265-A:37 Alcohol Ignition Interlock Circumvention. – I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to install an ignition interlock device shall not drive any motor vehicle not equipped with this device. II. No person who is subject to an interlock order of […]

Section 265-A:38 – Violating Interlock Order.

    265-A:38 Violating Interlock Order. – I. Upon written notice, by affidavit, that any person has violated an order of the court or the commissioner 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, 630:2, III or 630:3, a hearing shall be […]

Section 265-A:38-a – Ignition Interlock Device Removal Protocol.

    265-A:38-a Ignition Interlock Device Removal Protocol. – I. Prior to the removal of an ignition interlock device from a vehicle, the interlock service provider shall obtain from the department’s interlock coordinator a certificate of removal effective on the expiration date of the interlock order provided the driver has not committed an interlock violation within […]

Section 265-A:39 – Impaired Driver Education Programs.

    265-A:39 Impaired Driver Education Programs. – I. Except as provided in paragraph III, the commissioner of the department of health and human services shall be responsible for approving the impaired driver education programs 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; […]

Section 265-A:40 – Impaired Driver Care Management Programs.

    265-A:40 Impaired Driver Care Management Programs. – I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application […]

Section 265-A:41 – Utilization of Funds.

    265-A:41 Utilization of Funds. – All funds derived from the fees collected by the commissioner of the department of health and human services under RSA 265-A:18, RSA 265-A:39, and RSA 265-A:40 shall be deposited into the general fund. Source. 2006, 260:1. 2010, Sp. Sess., 1:22. 2012, 228:8. 2013, 144:36, eff. July 1, 2013.