HB 1257 – AS AMENDED BY THE HOUSE
05Mar2008… 0426h
2008 SESSION
03/04
HOUSE BILL 1257
AN ACT relative to license suspensions for persons operating under the influence of drugs.
SPONSORS: Rep. J. Tilton, Merr 6; Rep. Butynski, Ches 4
COMMITTEE: Criminal Justice and Public Safety
This bill applies the administrative license suspension provisions for DWI to persons shown to have operated a vehicle, OHRV, or boat while under the influence of drugs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0426h
08-2425
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to license suspensions for persons operating under the influence of drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative License Suspension; Positive Test for Drugs. Amend RSA 265-A: 30, I-II to read as follows:
I. If any person refuses a test as provided in RSA 265-A:14 or 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, or which discloses the presence of a controlled drug or any combination of intoxicating liquor and controlled drugs, 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:4 and 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, or which discloses the presence of a controlled drug or any combination of intoxicating liquor and controlled drugs.
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, or which discloses the presence of a controlled drug or any combination of intoxicating liquor and controlled drugs, 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.
2 Effective Date. This act shall take effect January 1, 2009.