New Hampshire Revised Statutes 263:94 – Violations; Penalties; Serious Violations
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I. A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department of:
(a) A conviction within this or any other jurisdiction of driving a motor vehicle under the influence of alcohol or any drug;
(b) A conviction within this or any other jurisdiction of driving a commercial motor vehicle while the alcohol concentration in the person’s system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person’s system is 0.08 or more, or is 0.02 or more if the person is under age 21 as determined by testing methods approved by law in this state or any other state or jurisdiction;
(c) A first conviction within this or any other jurisdiction of leaving the scene of an accident involving a motor vehicle driven by the person;
(d) A first conviction within this or any other jurisdiction of using a motor vehicle in the commission of a felony;
(e) A first instance of refusing to submit to a test or tests under the implied consent laws in this or any other jurisdiction to determine the driver‘s alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) A first conviction within this or any other jurisdiction of driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) A first conviction within this or any other jurisdiction of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide; or
(h) A first conviction, within any jurisdiction, of driving a commercial motor vehicle not equipped with an ignition interlock device when subject to an ignition interlock order in any jurisdiction.
II. If any of the violations in paragraph I occurred while transporting hazardous material, the person is disqualified for a period of not less than 3 years.
III. A person is disqualified from driving a commercial motor vehicle for life if it has been determined that the person has been convicted of 2 or more violations of any of the offenses specified in paragraph I or of a subsequent instance of refusing to submit to a test as described in subparagraph I(e), or any combination of those offenses, arising from 2 or more separate incidents.
IV. The commissioner may adopt rules, in accordance with N.H. Rev. Stat. Chapter 541-A and pertinent federal regulations, establishing guidelines, including conditions under which a disqualification for life under paragraph III may be reduced to a period of not less than 10 years.
V. A person is disqualified from driving a commercial motor vehicle for life who is convicted in this or any other jurisdiction of using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by N.H. Rev. Stat. § 318-B:1.
VI. (a) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of 2 serious traffic violations, as defined in N.H. Rev. Stat. § 259:98-a, or 120 days if convicted of 3 serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period. These penalties shall be imposed consecutively and may not be served concurrently.
(b) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of any combination of 2 serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, provided the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement.
(c) A person is disqualified from driving a commercial motor vehicle for a period of not less than 120 days if convicted of any combination of 3 or more serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, and the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement. This penalty shall be imposed in addition to and consecutively to any penalty imposed under subparagraph VI(b).
(d) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in the check of an applicant’s license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information in the application process.
(e) A person is disqualified from driving a commercial motor vehicle if that person has been disqualified by the Federal Motor Carrier Safety Administration as a result of being deemed an imminent hazard as defined in N.H. Rev. Stat. § 259:43-c.
VII. If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application.
(a) A conviction within this or any other jurisdiction of driving a motor vehicle under the influence of alcohol or any drug;
Terms Used In New Hampshire Revised Statutes 263:94
- Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
- 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
- Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
- CDL: shall mean a license issued by the department in accordance with the requirements of N. See New Hampshire Revised Statutes 259:12-c
- Commercial driver: shall mean a person who drives a commercial motor vehicle as defined in N. See New Hampshire Revised Statutes 259:12
- Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
(c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
(d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e - Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Controlled substance: shall mean any substance so classified under section 102(6) of the Controlled Substances Act (21 USC section 802(6)), and includes all substances listed on schedules I through V of 21 C. See New Hampshire Revised Statutes 259:13-b
- 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.
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Disqualification: shall mean a prohibition against driving a commercial motor vehicle. See New Hampshire Revised Statutes 259:20-a
- 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
- Ignition interlock device: shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle's ignition system. See New Hampshire Revised Statutes 259:43-a
- Imminent hazard: shall mean the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. See New Hampshire Revised Statutes 259:43-c
- 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 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - 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
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - 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
- Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(b) A conviction within this or any other jurisdiction of driving a commercial motor vehicle while the alcohol concentration in the person’s system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person’s system is 0.08 or more, or is 0.02 or more if the person is under age 21 as determined by testing methods approved by law in this state or any other state or jurisdiction;
(c) A first conviction within this or any other jurisdiction of leaving the scene of an accident involving a motor vehicle driven by the person;
(d) A first conviction within this or any other jurisdiction of using a motor vehicle in the commission of a felony;
(e) A first instance of refusing to submit to a test or tests under the implied consent laws in this or any other jurisdiction to determine the driver‘s alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) A first conviction within this or any other jurisdiction of driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) A first conviction within this or any other jurisdiction of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide; or
(h) A first conviction, within any jurisdiction, of driving a commercial motor vehicle not equipped with an ignition interlock device when subject to an ignition interlock order in any jurisdiction.
II. If any of the violations in paragraph I occurred while transporting hazardous material, the person is disqualified for a period of not less than 3 years.
III. A person is disqualified from driving a commercial motor vehicle for life if it has been determined that the person has been convicted of 2 or more violations of any of the offenses specified in paragraph I or of a subsequent instance of refusing to submit to a test as described in subparagraph I(e), or any combination of those offenses, arising from 2 or more separate incidents.
IV. The commissioner may adopt rules, in accordance with N.H. Rev. Stat. Chapter 541-A and pertinent federal regulations, establishing guidelines, including conditions under which a disqualification for life under paragraph III may be reduced to a period of not less than 10 years.
V. A person is disqualified from driving a commercial motor vehicle for life who is convicted in this or any other jurisdiction of using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by N.H. Rev. Stat. § 318-B:1.
VI. (a) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of 2 serious traffic violations, as defined in N.H. Rev. Stat. § 259:98-a, or 120 days if convicted of 3 serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period. These penalties shall be imposed consecutively and may not be served concurrently.
(b) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of any combination of 2 serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, provided the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement.
(c) A person is disqualified from driving a commercial motor vehicle for a period of not less than 120 days if convicted of any combination of 3 or more serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, and the conviction results in the revocation, cancellation, or suspension of his or her driver’s license, including a commercial driver license or commercial endorsement. This penalty shall be imposed in addition to and consecutively to any penalty imposed under subparagraph VI(b).
(d) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in the check of an applicant’s license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information in the application process.
(e) A person is disqualified from driving a commercial motor vehicle if that person has been disqualified by the Federal Motor Carrier Safety Administration as a result of being deemed an imminent hazard as defined in N.H. Rev. Stat. § 259:43-c.
VII. If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application.