I. Any person who is not yet 21 years of age on the date of the incident, who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for any offense involving the sale, possession, use, or abuse of alcohol or of controlled drugs as defined in N.H. Rev. Stat. § 318-B:1, VI, or of a controlled drug analog as defined under N.H. Rev. Stat. § 318-B:1, VI-a, may at the discretion of the court be subject to the revocation or denial of a driver‘s license or privilege to drive for not less than 90 days but not more than one year on the first finding or conviction under this paragraph, and not less than 6 months but not more than 2 years for a subsequent finding or conviction. Nothing in this section shall prevent the court from requiring any person subject to its provisions from successfully completing any alcohol or substance abuse education program in lieu of a loss or denial of driving license or privilege. The director, upon receipt of a notification from the court that the court has ordered the suspension of a person’s license or driving privilege pursuant to this paragraph, shall forthwith issue a formal order of suspension and, in the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license. Notwithstanding N.H. Rev. Stat. § 169-B:35 or any other law regarding confidentiality, any court which convicts or makes a finding that an offense described in this section has occurred involving a person who meets the age limits specified in this section, and which orders the revocation or denial of a driver’s license or privilege to drive, shall forward a notice of such conviction or finding to the director. The director shall maintain the confidentiality of notices received.
II. The director shall, when ordered by the court, revoke the driver’s license or privilege to drive or deny an application for a license for not less than 90 days but not more than one year on the first finding or conviction under paragraph I, and not less than 6 months but not more than 2 years for a subsequent finding or conviction; provided, however, that the director shall not revoke or deny a license or privilege to drive under this paragraph without first giving the person an opportunity for a hearing to determine that the person is the individual who was convicted of the offense and against whom the court order applies. In the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

Terms Used In New Hampshire Revised Statutes 263:56-b

  • Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
  • Conviction: shall mean an adjudication of guilt which has not been annulled or vacated, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation. See New Hampshire Revised Statutes 259:14
  • Conviction: A judgement of guilt against a criminal defendant.
  • Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
  • Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
    I. See New Hampshire Revised Statutes 259:48
  • Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
  • Revocation: shall mean the termination by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive on the ways of this state, or of any other license, registration or permit issued by the department. See New Hampshire Revised Statutes 259:90
  • Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107

III. Any person who is not yet 18 years of age on the date of the incident, and who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for the offense of sale or possession with intent to sell controlled drugs as defined in N.H. Rev. Stat. § 318-B:1, VI or a controlled drug analog as defined under N.H. Rev. Stat. § 318-B:1, VI-a, shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.
IV. The driver’s license of any person who is 18 years of age or older on the date of the incident, and who is convicted of the offense of sale or possession with intent to sell controlled drugs as defined in N.H. Rev. Stat. § 318-B:1, VI or a controlled drug analog as defined under N.H. Rev. Stat. § 318-B:1, VI-a, may be revoked, at the discretion of the court, for any period of time, including for life. The court of relevant jurisdiction shall have the discretion to determine when the revocation shall begin.