HB 1258 – AS AMENDED BY THE HOUSE
05Mar2008… 0582h
2008 SESSION
03/09
HOUSE BILL 1258
AN ACT relative to vehicle impoundment following an arrest for DWI or refusing consent to a blood alcohol test.
SPONSORS: Rep. J. Tilton, Merr 6; Rep. Butynski, Ches 4
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes vehicle impoundment following an arrest for DWI or refusing consent to a blood alcohol test and establishes procedures that must be followed for release of the vehicle.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0582h
08-2426
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to vehicle impoundment following an arrest for DWI or refusing consent to a blood alcohol test.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Alcohol or Drug Impairment; Vehicle Impoundment. Amend RSA 265-A by inserting after section 17 the following new section:
265-A:17-a Vehicle Impoundment.
I. Whenever a person has been arrested for a violation of RSA 265-A:2, I or RSA 265-A:3, or refuses consent under RSA 265-A:14, and the offense involves a vehicle, the arresting law enforcement agency may order the impoundment of the vehicle that the person was operating at the time of arrest.
II. A vehicle impounded pursuant to this section shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release in paragraph IV.
III. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only if:
(a) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in paragraph IV; or
(b) The vehicle is owned or leased by the arrestee, the arrestee gives permission to another person, who has acknowledged in writing receipt of the statement required in paragraph VI to operate the vehicle and the conditions for release in paragraph IV are met.
IV. A vehicle impounded pursuant to this section shall not be released unless the person claiming the vehicle:
(a) Presents a valid operator's license and proof of lawful authority to operate the motor vehicle;
(b) Is able to operate the vehicle in a safe manner; and
(c) Meets any other conditions for release established by the law enforcement agency.
V. A person impounding a vehicle pursuant to this section is authorized to charge a reasonable fee for towing and storage of the vehicle. The person shall send notice to the owner of the vehicle indicating location and contact information for any vehicle held for more than 48 hours. The person is further authorized to retain custody of the vehicle until the towing and storage fee is paid.
VI. Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of RSA 265-A:2, I or RSA 265-A:3, or refusing consent under RSA 265-A:14, and the offense involves a vehicle, in order to transport or accompany the arrestee from the premises of a law enforcement agency, the law enforcement agency shall provide that person with a written statement advising the person of his or her potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated. The person to whom the statement is issued shall acknowledge, in writing, receipt of the statement, or the law enforcement agency shall record the fact that the written statement was provided, but the person refused to sign an acknowledgment. The attorney general shall establish the content and form of the written statement and acknowledgment to be used by law enforcement agencies throughout the state and may issue directives to ensure the uniform implementation of this section.
2 Effective Date. This act shall take effect January 1, 2009.