New Hampshire Revised Statutes 265-A:37 – Alcohol Ignition Interlock Circumvention
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I. Any person required by the court or by the commissioner of safety after a hearing pursuant to N.H. Rev. Stat. § 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 or of the commissioner and no person who is conspiring with or attempting to permit a person subject to such an interlock order to circumvent the order shall tamper with, or in any way attempt to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle, and no person who is subject to an interlock order shall knowingly drive a vehicle in which the interlock device has been circumvented or otherwise illegally tampered with. As a condition of having a vehicle equipped with an ignition interlock device, the vehicle owner assents to an inspection of the device by a representative of the director at reasonable times upon prior notice in order to determine that the interlock has not been subject to tampering or circumvention.
For details, see N.H. Rev. Stat. 651:2
III. A person shall not start or attempt to start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person who he or she knows is restricted by law to drive only a motor vehicle so equipped. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle equipped with an ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order or order of the commissioner does not drive the vehicle.
III-a. Upon satisfactory proof that a person who is restricted by law to drive only a motor vehicle equipped with an ignition interlock device has attempted to start a motor vehicle equipped with an ignition interlock device while having an alcohol concentration of greater than .025, or who fails to take the retest, or who takes a retest while having an alcohol concentration of greater than .025, the department, after a hearing, may impose for each occurrence an additional period of up to one year following the expiration of the original interlock order during which the person shall be restricted to driving only a vehicle equipped with an ignition interlock device. The department may take action under this paragraph within 60 days after the ignition interlock device is removed.
IV. A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person whom the provider of the vehicle knows was sentenced or subject to a valid order to drive only a motor vehicle equipped with an ignition interlock device.
V. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor, be fined not less than $500, and if he or she is the person subject to the interlock order, be ordered to install an enhanced technology ignition interlock device, and have the period of required ignition interlock device installation extended for 2 years.
II. No person who is subject to an interlock order of the court or of the commissioner and no person who is conspiring with or attempting to permit a person subject to such an interlock order to circumvent the order shall tamper with, or in any way attempt to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle, and no person who is subject to an interlock order shall knowingly drive a vehicle in which the interlock device has been circumvented or otherwise illegally tampered with. As a condition of having a vehicle equipped with an ignition interlock device, the vehicle owner assents to an inspection of the device by a representative of the director at reasonable times upon prior notice in order to determine that the interlock has not been subject to tampering or circumvention.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 265-A:37
- 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
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- 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
- Enhanced technology ignition interlock device: shall mean an ignition interlock device equipped with a camera and which will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts. See New Hampshire Revised Statutes 259:28-b
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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
- Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Owner: shall mean :
I. See New Hampshire Revised Statutes 259:72 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122 - Way: shall mean :
I. See New Hampshire Revised Statutes 259:125
III. A person shall not start or attempt to start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person who he or she knows is restricted by law to drive only a motor vehicle so equipped. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle equipped with an ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order or order of the commissioner does not drive the vehicle.
III-a. Upon satisfactory proof that a person who is restricted by law to drive only a motor vehicle equipped with an ignition interlock device has attempted to start a motor vehicle equipped with an ignition interlock device while having an alcohol concentration of greater than .025, or who fails to take the retest, or who takes a retest while having an alcohol concentration of greater than .025, the department, after a hearing, may impose for each occurrence an additional period of up to one year following the expiration of the original interlock order during which the person shall be restricted to driving only a vehicle equipped with an ignition interlock device. The department may take action under this paragraph within 60 days after the ignition interlock device is removed.
IV. A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person whom the provider of the vehicle knows was sentenced or subject to a valid order to drive only a motor vehicle equipped with an ignition interlock device.
V. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor, be fined not less than $500, and if he or she is the person subject to the interlock order, be ordered to install an enhanced technology ignition interlock device, and have the period of required ignition interlock device installation extended for 2 years.