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Law Office of Mark Stevens
5 Manor Parkway Salem, NH 03079 Telephone: (603) 893-0074 Fax: (603) 893-5022 info@byebyedwi.com |
Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals. |
Below is a copy of the current (2008) New Hampshire Administrative License Suspension Law. These are the license suspension the state seeks when a drivers submits to a blood test or blows into the breath testing hose and the alleged results are at or above the levels indicated below. This part of the New Hampshire DWI law also applies to drivers who exercise their right not to blow into the breath hose or refuse to have their blood taken. The details of this part of the New Hampshire DWI law re below:
RSA 265-A:30 (2008)
265-A:30 Administrative License
Suspension.
I. If any person refuses a test as provided in RSA
265-A:14or submits to a test described in RSA 265-A:4which discloses an alcohol
concentration of 0.08 or more or, in the case of a person under the age of 21
at the time of the violation, 0.02 or more, the law enforcement officer shall
submit a sworn report to the department. In the report the officer shall
certify that the test was requested pursuant to RSA 265-A:4and that the person
refused to submit to testing or submitted to a test which disclosed an alcohol
concentration of 0.08 or more, or, in the case of a person under the age of 21,
0.02 or more.
II. Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph I, the department shall suspend the person's driver's
license or privilege to drive as follows:
(a) In the case of a refusal to take a test
described in RSA 265-A:4, the suspension shall be for
the period specified in RSA 265-A:14.
(b) In the case of a person who submits to a test
described in RSA 265-A:4 which discloses an alcohol concentration of 0.08 or
more or, in the case of a person under the age of 21 at the time of the
violation, 0.02 or more, the suspension shall be for:
(1) Six months if there is no
prior refusal under RSA 265-A:14, no prior driving while intoxicated or
aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to RSA 265-A:30.
(2) Two years if there is a
prior refusal under RSA 265-A:14, or a prior driving while intoxicated or
aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to RSA 265-A:30.
III. On behalf of the department, the law enforcement officer
submitting the sworn report under paragraph I shall serve immediate notice of suspension on the person, and the suspension
shall be effective 30 days after the date of service. If the person has a valid
IV. If the person submits to a test described in RSA 265:-A:4 and
the results of the test are not immediately available and therefore no notice
has been served by the law enforcement officer, the department shall mail such
notice and the suspension shall be effective 30 days
after the date of service. If the address shown in the law enforcement
officer's report differs from that shown on the department records, the notice
shall be mailed to both addresses. The notice shall be presumed to have been
served 3 days after mailing. Upon receipt of the notice of suspension
and before requesting any review or hearing under RSA 265-A:31, if the person
has a New Hampshire driver's license that has not been
surrendered, the person shall surrender such person's license
at a place designated by the department and shall be issued a temporary driving
permit valid for the notice period.
V. In the case of a person
who has a driver's license from another jurisdiction,
all provisions of this subdivision shall apply except that surrender of the
out-of-state driver's license and issuance of a
temporary driving permit shall not be required. The department shall transmit a
copy of the suspension order to the motor vehicle
authorities in the jurisdiction where the person's license
was issued, and also in the jurisdiction of the person's residence if different
from that where the license was issued.
Mark Stevens
Law Offices of Mark Stevens
603-893-0074
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