Researched and Prepared by: Attorney Amy Manchester for Bowser Law
Effective January 1, 2016, pursuant to RSA 263:57-b, a person convicted of Driving While Intoxicated First Offense will be eligible to obtain restoration of his or her driving privileges for limited purposes. The offense need not have occurred on or after January 1, 2016.
In order to be eligible to obtain this restoration, the person must have served 45 days of a court-imposed suspension.
In order to obtain these privileges, the person shall submit proof of financial responsibility and an application that demonstrates the need for the license. Along with proof from the employer, program, medical treatment facility, state-approved educational institution or other destination, one of the following must be presented for consideration of restoration for limited purposes:
- The person needs to drive in order to perform his/her job
- The person needs to drive in order to seek employment or to get to and from a place of employment
- The person needs to drive in order to get to or from an alcohol or drug treatment or rehabilitation program
- The person or a member of his/her immediate family requires medical treatment on a regular basis and the person needs to drive so that the treatment be obtained
- The person needs to drive to continue his or her education
- The person needs to drive to attend job training
If a license is restored based on one of the aforementioned prerequisites, the driving privileges are limited as followed:
- The person may drive on the times and days to the places determined to be necessary for the person to seek or retain employment, to attend any rehabilitation programs, to continue his/her education, to attend job training or to obtain required medical treatment for the himself/herself or a member of the immediate family
- The person may drive on times, places and days only that are specifically stated
- The vehicle must be equipped with an interlock device. The interlock shall remain in place until completion of the court-imposed suspension.
If a license is restored under this method, it shall expire on the date specified by the Court
If a driver’s privileges are restored under this method and the driver violates RSA 263-57:b, the license shall be revoked
If a driver’s privileges are restored in this manner, he or she must give a copy of the court’s order granting the limited privilege to the law enforcement agency in the city or town in which the driver resides. When operating his/her vehicle, the driver must keep a copy of the court order in the vehicle.
According to the department of safety, a restricted license will not be issued on an administrative license suspension. The DMV may honor a court order, however. If a person wins the ALS or the ALS is pulled as part of a plea, they may be eligible for the hardship license.
It is not yet determined if the provisions of RSA 263-57:b will apply to a modified first/second first DWI conviction.