New Hampshire Revised Statutes 265-A:19 – Penalties for Boating While Intoxicated
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I. Any person convicted of a violation of N.H. Rev. Stat. § 265-A:2, II or N.H. Rev. Stat. § 630:2 or N.H. Rev. Stat. § 630:3, or N.H. Rev. Stat. § 631:1, N.H. Rev. Stat. § 631:2, N.H. Rev. Stat. § 631:2-a, or N.H. Rev. Stat. § 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 state for a period of one year from the date of his or her conviction, whether or not such conviction is appealed. Any person operating or attempting to operate a boat during such a period is guilty of a misdemeanor.
II. Any person convicted of a violation of N.H. Rev. Stat. § 265-A:2, II who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the person completes a substance use disorder evaluation administered by a service provider indicated by an IDCMP, complies with the service plan developed from the substance abuse disorder evaluation, and completes a department of health and human services approved impaired driver education program; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of the impaired driver education program requirement. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.
III. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
IV. Any person who is convicted of a violation of N.H. Rev. Stat. § 265-A:2, II shall be subject to the same penalties as a person convicted of a violation of N.H. Rev. Stat. § 265-A:2, I as specified in N.H. Rev. Stat. § 265-A:18. Any person who is convicted of a violation of paragraph II of this section shall be subject to the same penalties as a person convicted of a violation of N.H. Rev. Stat. § 265-A:3 as specified in N.H. Rev. Stat. § 265-A:18.
V. [Repealed.]
II. Any person convicted of a violation of N.H. Rev. Stat. § 265-A:2, II who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the person completes a substance use disorder evaluation administered by a service provider indicated by an IDCMP, complies with the service plan developed from the substance abuse disorder evaluation, and completes a department of health and human services approved impaired driver education program; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of the impaired driver education program requirement. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.
Terms Used In New Hampshire Revised Statutes 265-A:19
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- 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
- 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
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106
III. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
IV. Any person who is convicted of a violation of N.H. Rev. Stat. § 265-A:2, II shall be subject to the same penalties as a person convicted of a violation of N.H. Rev. Stat. § 265-A:2, I as specified in N.H. Rev. Stat. § 265-A:18. Any person who is convicted of a violation of paragraph II of this section shall be subject to the same penalties as a person convicted of a violation of N.H. Rev. Stat. § 265-A:3 as specified in N.H. Rev. Stat. § 265-A:18.
V. [Repealed.]