2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 263 - Drivers' Licenses › Section 263:94 - Violations; Penalties; Serious Violations.

263:94 Violations;  Penalties;  Serious Violations. –
I. A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department of:
(a) A conviction within this or any other jurisdiction of driving a motor vehicle under the influence of alcohol or any drug;
(b) A conviction within this or any other jurisdiction of driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age 21 as determined by testing methods approved by law in this state or any other state or jurisdiction;
(c) A first conviction within this or any other jurisdiction of leaving the scene of an accident involving a motor vehicle driven by the person;
(d) A first conviction within this or any other jurisdiction of using a motor vehicle in the commission of a felony;
(e) A first instance of refusing to submit to a test or tests under the implied consent laws in this or any other jurisdiction to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle;
(f) A first conviction within this or any other jurisdiction of driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) A first conviction within this or any other jurisdiction of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide; or
(h) A first conviction, within any jurisdiction, of driving a commercial motor vehicle not equipped with an ignition interlock device when subject to an ignition interlock order in any jurisdiction.
II. If any of the violations in paragraph I occurred while transporting hazardous material, the person is disqualified for a period of not less than 3 years.
III. A person is disqualified from driving a commercial motor vehicle for life if it has been determined that the person has been convicted of 2 or more violations of any of the offenses specified in paragraph I or of a subsequent instance of refusing to submit to a test as described in subparagraph I(e), or any combination of those offenses, arising from 2 or more separate incidents.
IV. The commissioner may adopt rules, in accordance with RSA 541-A and pertinent federal regulations, establishing guidelines, including conditions under which a disqualification for life under paragraph III may be reduced to a period of not less than 10 years.
V. A person is disqualified from driving a commercial motor vehicle for life who is convicted in this or any other jurisdiction of using a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by RSA 318-B:1.
VI. (a) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of 2 serious traffic violations, as defined in RSA 259:98-a, or 120 days if convicted of 3 serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a 3-year period. These penalties shall be imposed consecutively and may not be served concurrently.
(b) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of any combination of 2 serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, provided the conviction results in the revocation, cancellation, or suspension of his or her driver's license, including a commercial driver license or commercial endorsement.
(c) A person is disqualified from driving a commercial motor vehicle for a period of not less than 120 days if convicted of any combination of 3 or more serious traffic violations within a 3-year period while operating a noncommercial motor vehicle, and the conviction results in the revocation, cancellation, or suspension of his or her driver's license, including a commercial driver license or commercial endorsement. This penalty shall be imposed in addition to and consecutively to any penalty imposed under subparagraph VI(b).
(d) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in the check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information in the application process.
(e) A person is disqualified from driving a commercial motor vehicle if that person has been disqualified by the Federal Motor Carrier Safety Administration as a result of being deemed an imminent hazard as defined in RSA 259:43-c.
VII. If the director disqualifies a person pursuant to this section, the department shall grant a hearing to the person, upon written application to the department, within 15 days after the filing of such application.
Source.
1989, 319:17. 1991, 294:2. 2006, 260:24. 2010, 95:4. 2013, 180:6, eff. Jan. 1, 2014. 2020, 33:7, eff. Jan. 1, 2021. 2022, 136:2, eff. Aug. 6, 2022.