Title XXI, Motor Vehicles

I. Any person who is arraigned on a charge arising under RSA 265-A:4 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the perso…

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unconscious, or who is otherwise in a condition rendering him or her incapable of refusing shall be deemed not to have withdrawn the consent provided by RSA 265-A:4 and the test or tests may be administered.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…

[Paragraph I effective until January 1, 2027; see also paragraph I set out below.] 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 physic…

I. Any law enforcement officer, authorized agent, or peace officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to bel…

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 …

Notwithstanding any other statutory provision of law to the contrary, a law enforcement officer may, without a warrant, arrest any person involved in a traffic accident, OHRV accident, or boating accident when the officer has probable cause to believe that such person has committ…

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) Referred by the court to an IDCMP and, if a first-time offender, required to submi…

I. Any person convicted of a violation of RSA 265-A:2, II or RSA 630:2 or RSA 630:3, or RSA 631:1, RSA 631:2, RSA 631:2-a, or RSA 631:3 when the offense was committed by means of his or her operation or attempted operation of a boat shall not operate a boat on the waters of this …

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, prescription drug, over-the-counter drug, or any other chemical substance, nat…

Any person who is convicted of a violation of RSA 265-A:2, I involving a motor vehicle shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction. Any person who is convicted of a violation of RSA 265-A:3 shall…

I. Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or atte…

The director of motor vehicles shall not restore or renew a person's license or privilege to drive, if it was revoked pursuant to RSA 265-A:2; RSA 265-A:3; RSA 265-A:35; RSA 265-A:43; RSA 630:2; or RSA 630:3, or if the revocation was connected with an alcohol-related or drug-rela…

Any person who is the holder of a commercial driver license or commercial endorsement or was required by law at the time to have a commercial driver license or endorsement and who is convicted of violating RSA 265-A:2 or RSA 265-A:3, or who drives a commercial vehicle with an alc…

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 h…

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 de…

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 Hampsh…

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.

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 …

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 ad…

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 influe…

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.

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 offic…

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…

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 sh…

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'…

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 shoul…

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 shal…

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 to insta…

The commissioner of safety may require an administrative hearing for a person whose license or driving privilege was revoked or suspended pursuant to RSA 262:19 or RSA 630:2, III, where alcohol was involved, or as the result of a conviction of any offense under RSA 265-A:2, RSA 2…

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 the court…

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 hearin…

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 a…

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'…

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 examinatio…

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 …

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.

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 if the person has not, within the past 5 years, completed a department of health and human services appr…

Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revok…

I. (a) The words "liquor" and "beverage" as used in this section shall have the same meanings as defined in RSA 175:1. (b) The word "marijuana" as used in this section shall have the same meaning as defined in RSA 318-B and shall not include therapeutic cannabis as authorized und…

I. Notwithstanding RSA 265-A:44, II and II-a, no driver under the age of 21 shall, except when accompanied by a parent, stepparent, legal guardian, grandparent, step-grandparent, or legal age spouse, domestic partner, or sibling, transport any liquor, beverage, or marijuana in an…

I. Only a duly licensed physician, registered nurse, certified physician associate, phlebotomist, or qualified medical technician or medical technologist acting at the request of a law enforcement officer, authorized agent, peace officer, or individual seeking a test of his or he…

No post-arrest physical test or examination authorized by RSA 265-A:4 shall be considered as evidence in any proceeding before any administrative officer or court unless such test or examination is performed by a law enforcement officer who has been trained in the administration …

I. Any person to whom RSA 265-A:4 is applicable shall have the right at his or her own expense to have additional tests made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under RSA 265-A…

I. Before any test of a person's blood, urine, or breath specified in RSA 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall: (a) Inform the arrested person of his or her right to have an additional test or tests of his or her blood made by a …

The provisions of this subdivision do not limit the introduction of any other competent evidence bearing on the question of whether a person charged with the violation of RSA 265-A:2, I(a), or RSA 265-A:3, I, was under the influence of intoxicating liquor or any controlled drug, …