N.H. Admin. Code § Saf-C 2803.01

Current through Register No. 44, October 31, 2024

Section Saf-C 2803.01 - Order of Suspension

(a) Pursuant to RSA 265-A:30, a person who has been arrested for driving, operating or attempting to operate an OHRV, driving or attempting to drive a vehicle upon the ways of this state, or operating or attempting to operate a boat upon the public waters of this state under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs or any other chemical substances, natural or synthetic or any combination of intoxicating liquor and drug shall be served immediate notice of license suspension, effective 30 days after the date of service, by the law enforcement officer on form DSMV 426 if he or she:

(1) Refuses the request of a law enforcement officer to submit to a test or tests; or

(2) Submits to a test or tests and the test(s) disclosed an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, an alcohol concentration of 0.02 or more.

(b) Upon serving immediate notice to the person, the law enforcement officer shall take the person's New Hampshire driver license and, subject to the provisions of Saf-C 2803.04, issue a temporary driving permit on form DSMV 426, valid for the notice period.

(c) The law enforcement officer shall provide the following information on form DSMV 426:

(1) The date of service;

(2) The date of arrest;

(3) The person's name and, if applicable, any alias;

(4) The person's date of birth;

(5) The person's mailing address;

(6) The driver license number;

(7) The issuing state of the driver license;

(8) If a New Hampshire license is not attached, the reason why it is not attached with the form; and

(9) The law enforcement officer's signed, sworn report stating:

a. That a test was requested pursuant to RSA 265-A:4 and that:

1. The person refused to submit to testing; or

2. The person submitted to testing but the results disclosed an alcohol concentration as specified in RSA 265-A:30; and

b. In the case of a blood or urine test, the date the law enforcement officer received the results; and

c. The law enforcement officer's name and police department's mailing address.

(d) The law enforcement officer shall give the person a copy of form DSMV 426 if serving immediate notice of license suspension, and mail the department's copy of form DSMV 426 with any confiscated New Hampshire driver license attached, to the department within 10 calendar days of the arrest.

(e) A form DSMV 426 reflecting a breath test showing an alcohol concentration of 0.08 or 0.02, for a person under the age of 21, shall be returned to the submitting law enforcement agency without action.

(f) If a form DSMV 426 is returned as specified in (e) above, a driver license submitted with the form shall be returned to the person, provided the license is not under suspension for any other reason.

N.H. Admin. Code § Saf-C 2803.01

#5538, eff 1-1-93; amd by #5670, eff 7-19-93; amd by #5763, eff 12-23-93; amd by #5767, eff 1-1-94; amd by #6102, INTERIM, eff 10-24-95, EXPIRES 2-21-96; amd by #6169, eff 1-24-96; ss by #6716, INTERIM, eff 4-1-98, EXPIRES: 7-30-98; ss by #6824, eff 7-28-98; ss by #8666, INTERIM, eff 7-16-06, EXPIRES: 1-12-07; ss by #8782-A, eff 1-1-07

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10888, Effective 7/16/2015, Expires 7/16/2025.