New Hampshire Revised Statutes 265-A:30 – Administrative License Suspension
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I. If any person refuses a test as provided in N.H. Rev. Stat. § 265-A:14 or submits to a test described in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 265-A:4, the suspension shall be for the period specified in N.H. Rev. Stat. § 265-A:14.
(b) In the case of a person who submits to a test described in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 265-A:14, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to N.H. Rev. Stat. § 265-A:30.
(2) Two years if there is a prior refusal under N.H. Rev. Stat. § 265-A:14, or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
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:
Terms Used In New Hampshire Revised Statutes 265-A:30
- 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
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- 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 - 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
- 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
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(a) In the case of a refusal to take a test described in N.H. Rev. Stat. § 265-A:4, the suspension shall be for the period specified in N.H. Rev. Stat. § 265-A:14.
(b) In the case of a person who submits to a test described in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 265-A:14, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to N.H. Rev. Stat. § 265-A:30.
(2) Two years if there is a prior refusal under N.H. Rev. Stat. § 265-A:14, or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.