New Hampshire Revised Statutes 263:57-b – Limited Driving Privilege After Revocation or Suspension
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I. Notwithstanding any provision of law to the contrary, if a person is convicted of a first offense under N.H. Rev. Stat. § 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for limited driving privileges. To qualify for consideration, the person shall submit proof of financial responsibility in accordance with N.H. Rev. Stat. § 265-A:28 and an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program, medical treatment facility, state-approved educational institution, or other destination:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
II. A license issued under this section shall limit the person’s driving privileges:
(a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person’s immediate family.
(b) To times, places, and days that are specifically stated.
(c) To vehicles equipped with enhanced technology ignition interlock devices.
III. A license issued under this section shall not be effective until the person’s driver‘s license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court and shall not exceed the suspension period ordered by the court.
IV. A violation of this section or the terms of the license issued under this section shall be considered a violation of N.H. Rev. Stat. § 263:64 and the license shall be revoked.
V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. Before operating a motor vehicle, the person must apply for and be issued a limited privilege license by the division of motor vehicles. A person with a limited privilege license issued under this section shall have a copy of the court order granting the limited privilege license upon his or her person anytime the person is operating a vehicle.
VI. As a condition of receiving a limited privilege license, the person shall agree to be subject to the ignition interlock program for the duration of the limited privilege and one year immediately following full restoration of driving privileges.
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
Terms Used In New Hampshire Revised Statutes 263:57-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
- 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 - Division: shall mean the division of motor vehicles in the department of safety. See New Hampshire Revised Statutes 259:22
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
II. A license issued under this section shall limit the person’s driving privileges:
(a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person’s immediate family.
(b) To times, places, and days that are specifically stated.
(c) To vehicles equipped with enhanced technology ignition interlock devices.
III. A license issued under this section shall not be effective until the person’s driver‘s license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court and shall not exceed the suspension period ordered by the court.
IV. A violation of this section or the terms of the license issued under this section shall be considered a violation of N.H. Rev. Stat. § 263:64 and the license shall be revoked.
V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. Before operating a motor vehicle, the person must apply for and be issued a limited privilege license by the division of motor vehicles. A person with a limited privilege license issued under this section shall have a copy of the court order granting the limited privilege license upon his or her person anytime the person is operating a vehicle.
VI. As a condition of receiving a limited privilege license, the person shall agree to be subject to the ignition interlock program for the duration of the limited privilege and one year immediately following full restoration of driving privileges.