New Hampshire Revised Statutes 265-A:36-a – Department of Safety Authority to Order Ignition Interlock Device Installation
Current as of: 2023 | Check for updates
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Terms Used In New Hampshire Revised Statutes 265-A:36-a
- 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
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- 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
- 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 - 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
The commissioner of safety may require an administrative hearing for a person whose license or driving privilege was revoked or suspended pursuant to N.H. Rev. Stat. § 262:19 or N.H. Rev. Stat. § 630:2, III, where alcohol was involved, or as the result of a conviction of any offense under N.H. Rev. Stat. § 265-A:2, N.H. Rev. Stat. § 265-A:3, or N.H. Rev. Stat. § 265:79-a, or an equivalent offense in another jurisdiction where alcohol was involved, or N.H. Rev. Stat. § 630:3, II, and, upon a finding that the safety of the person and of other users of the highways would be enhanced thereby, may order the person, as a condition of restoration of his or her license or driving privilege, to install an enhanced technology ignition interlock device in any vehicle registered to that person or used by that person, for not less than 12 months nor more than 2 years, subject to the same conditions and prohibitions as if the interlock was ordered by a court under the provisions of this subdivision. Where possible, the hearing shall be conducted prior to the restoration of the license or driving privilege, although such restoration shall not prevent the commissioner from requiring the hearing.