New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 200 - PROCEDURAL AND HEARINGS RULES
Part Saf-C 204 - DRIVER LICENSE AND REGISTRATION ACTIONS
Section Saf-C 204.03 - Original License Suspension or Revocation: Probationary License Suspension

Universal Citation: NH Admin Rules Saf-C 204.03

Current through Register No. 40, October 3, 2024

(a) Every first license issued shall be deemed an original license. It shall be issued subject to the conditions set forth in the following paragraphs.

(b) Unless extenuating circumstances exist, a hearings examiner shall, after the hearing, suspend an original license and require the filing of proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05 upon receipt of evidence of:

(1) Misconduct in the driving of a vehicle, as alleged in a written complaint from a law enforcement officer whereby the conduct poses a hazard to the public's safety;

(2) Misuse or abuse of driving privileges as alleged in a written complaint from a law enforcement officer; or

(3) Having 3 or more at fault accidents within the term of the original license.

(1) The maturity of the licensee;

(2) The impact a suspension would have on the licensee's education or employment;

(3) The length of time the licensee has held an original license without prior motor vehicle convictions;

(4) The licensee's lack of prior motor vehicle convictions; and

(5) The licensee does not present as a hazard to public safety;

(d) Pursuant to RSA 265-A:35, any license issued subsequent to a conviction for reckless operation or driving while intoxicated shall be deemed to be probationary for 3 years from the date issued.

(e) Any driver under 21 years of age convicted for illegal possession of alcoholic beverages pursuant to RSA 179:10 shall only be eligible to hold a probationary license until 21 years of age. The convictions shall be noted on the individual's motor vehicle record.

(f) A probationary license holder shall not drive or attempt to drive a vehicle upon a way while under the influence of a controlled drug or intoxicating liquor if his blood alcohol content is 3/100 percent or greater.

(g) A probationary license holder who refuses a blood alcohol content test of the officer's choosing shall have his driver's license administratively suspended for 90 days, and:

(1) The division shall notify the person in writing by first class mail of the suspension which shall become effective 30 days from the date of notification;

(2) The person may request a hearing by submitting a written request to the bureau of hearings within 30 days from the effective date of the suspension;

(3) A request, pursuant to (2) above, shall not delay, postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearings examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(h) The department shall suspend the driver's license of a probationary license holder who submits to an alcohol concentration test and the results are 3/100 percent or more. The licensee shall be suspended for 90 days for a first probationary license offense and 180 days for a subsequent probationary license offense.

(i) In the case of (f) above the following shall apply:

(1) The division shall notify the person in writing by first class mail of the suspension which shall become effective 30 days from the date of notification;

(2) The person shall be afforded a hearing by submitting a written request to the bureau of hearings within 30 days of the effective date of the suspension;

(3) A request, pursuant to (2) above, shall not delay postpone or otherwise interrupt the suspension;

(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;

(5) The law enforcement officer who filed the report shall be notified of the hearing;

(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and

(7) The hearing examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.

(j) The scope of the hearing shall be limited to whether:

(1) The person held a probationary license at the time of the offense; and

(2) The person refused a blood alcohol content test as specified in (e); or

(3) The person took a blood alcohol content test which showed a result of 3/100 percent or more as specified in (f).

(k) A request for a hearing received more than 30 days from the effective date of the suspension shall be denied as untimely.

(l) Pursuant to RSA 265-A:35, II, the penalties prescribed in paragraphs (e) and (f), shall not run concurrently with any other penalties imposed by the court.

#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.03); amd by #7349, eff 8-22-00; amd by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.