reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:155 - Definitions.

265:155 Definitions. –
In this section:
I. "Funeral procession" means 2 or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, or other location at which the funeral service is to be held, in the daylight hour, including a funeral lead vehicle or a funeral escort vehicle.
II. "Funeral lead vehicle" means any non-law enforcement vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a funeral lead vehicle.
III. "Funeral escort" means a person or entity that provides escort services for funeral processions, including law enforcement personnel and agencies.
Source.
2001, 196:1, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:156 - Funeral Procession Right-of-Way; Funeral Escort Vehicles; Funeral Lead Vehicles.

265:156 Funeral Procession Right-of-Way;  Funeral Escort Vehicles;  Funeral Lead Vehicles. –
Notwithstanding any provision of this chapter to the contrary, the following provisions shall apply:
I. The operator of a funeral lead vehicle shall comply with stop signs and traffic control signals. When the funeral lead vehicle has proceeded across an intersection in accordance with a signal or after stopping as required by a stop sign, all vehicles in the funeral procession may proceed without stopping, regardless of the sign or signal. The lead vehicle and the vehicles in the funeral procession shall proceed with due caution. Operators of vehicles in a funeral procession shall have the right-of-way.
II. All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe. Each vehicle of the funeral procession shall be appropriately marked by having funeral flags or windshield signage, and headlights, taillights, and, if so equipped, hazard flasher on. A funeral escort or funeral lead vehicle shall use and be equipped with a purple flashing or emergency light.
Source.
2001, 196:1, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:157 - Prohibited Acts.

265:157 Prohibited Acts. –
I. Operators of vehicles not a part of the funeral procession may not form a procession and have the vehicle's headlights lighted for the purpose of securing the right-of-way granted by this subdivision to funeral processions. No driver of a vehicle not part of the funeral procession shall drive between the vehicles comprising the funeral procession while in motion except when authorized to do so by a police officer or when such vehicle is an emergency vehicle giving an audible or visible signal.
II. Operators of vehicles not part of a funeral processional shall not join a funeral procession for the purpose of securing the right-of-way granted in RSA 265:156, I.
III. An operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a 2-lane highway or roadway.
IV. When a funeral procession is proceeding through a red signal as permitted by RSA 265:156, I, a vehicle that is not in the funeral procession may not enter the intersection, even if the vehicle is facing a green signal, unless it can do so without crossing the path of the funeral procession.
Source.
2001, 196:1, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:158 - Neighborhood Electric Vehicles.

265:158 Neighborhood Electric Vehicles. –
No person shall operate a neighborhood electric vehicle except on a way where the posted speed limit is 35 miles per hour or less. This section shall not prohibit a person from operating a neighborhood electric vehicle across an intersection with a way that has a posted speed limit of more than 35 miles per hour.
Source.
2003, 5:2, eff. June 21, 2003.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:159 - Manufactured or Modular Building Transportation.

265:159 Manufactured or Modular Building Transportation. –
Transporters of manufactured or modular housing shall be responsible for causing the least possible inconvenience to other traffic by using every opportunity to allow following traffic to pass. If traffic buildup behind the transporting unit becomes 6 or more vehicles, the entire transporting unit shall pull off of the traveled way to allow traffic to pass. The transporter shall locate a safe place, which allows the towing load to clear from the roadway, so that traffic following the load can safely pass.
Source.
2004, 182:6, eff. July 31, 2004.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:160 - Utility Vehicles and Compact Utility Tractors; Operation on Ways Restricted.

265:160 Utility Vehicles and Compact Utility Tractors;  Operation on Ways Restricted. –
No person shall operate a utility vehicle, including an agricultural/industrial utility vehicle as defined in RSA 259:2-a, a compact utility tractor, as defined in RSA 259:13-a, or an off highway recreational vehicle as defined in RSA 259:69, except on a way where the posted speed limit is 40 miles per hour or less or, in the case of compact utility tractor, 35 miles per hour or less, and the route or crossing being used is open to such vehicles and at such times and under any other special operating conditions established by the government authority having control of the way. Any person operating or in actual physical control of such a vehicle upon a way shall hold a valid driver's license.
Source.
2010, 309:3, eff. Sept. 11, 2010. 2014, 282:5, eff. July 28, 2014. 2016, 260:3, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:161 - Utility Vehicles; Crossing of Ways Restricted.

265:161 Utility Vehicles;  Crossing of Ways Restricted. –
A person may operate a utility vehicle, including an off highway recreational vehicle as defined in RSA 259:69, across any way, except for an interstate highway, toll road, or other multi-lane divided highway where the operation of such vehicle is not otherwise prohibited by law, but said person shall comply with the following provisions:
I. The crossing shall be made at an angle of approximately 90 degree to the direction of the public way and at a place where no obstruction prevents a quick and safe crossing; and
II. The operator shall bring the vehicle to a complete stop before crossing the shoulder, or if no shoulder, the public way, before proceeding; and
III. The operator shall yield the right of way to all motor vehicle traffic on such public way which constitutes an immediate hazard to such crossing; and
IV. The operator shall possess a valid motor vehicle driver's license or shall have successfully completed the approved snowmobile or off highway recreational vehicle safety training course. Persons with a suspended or revoked operating privilege shall not operate a utility vehicle, including an off highway recreational vehicle across a way.
Source.
2014, 282:6, eff. July 28, 2014.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:162 - Repealed by 2021, 110:2, eff. November 1, 2021.

[RSA 265:162 repealed by 2021, 110:2, effective November 1, 2021.]
265:162 Commission to Study Ways to Reduce Texting While Driving. –
I. There is established a commission to study ways to reduce texting while driving.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner to the department of transportation, or designee.
(d) The president of the Cellular Telecommunications and Internet Association, or designee.
(e) The commissioner of the department of safety, or designee.
(f) One member of the public, appointed by the speaker of the house of representatives.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall study ways to reduce texting while driving.
V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2021.
Source.
2021, 110:1, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265 - Rules of the Road › Section 265:163 - Personal Delivery Devices and Mobile Carriers.

265:163 Personal Delivery Devices and Mobile Carriers. –
I. A personal delivery device or mobile carrier may operate on sidewalks and crosswalks. A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device or mobile carrier shall not unreasonably interfere with pedestrians or traffic and shall yield the right-of-way to pedestrians on the sidewalk or crosswalk. State and local law enforcement shall have the authority to enforce state and local traffic laws.
II. Personal delivery devices and a mobile carriers shall:
(a) Obey all official traffic and pedestrian control signals and devices.
(b) For personal delivery devices, include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator.
(c) Be equipped with a braking system that, when active or engaged, enables the personal delivery device or mobile carrier to come to a controlled stop.
III. Mobile carriers shall not:
(a) Operate on a roadway except to the extent necessary to cross a crosswalk.
(b) Operate on a sidewalk or crosswalk unless the mobile carrier owner remains within 25 feet of the mobile carrier.
(c) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and must be placarded under 49 C.F.R. 172.500 through 172.560.
(d) Transport persons or animals.
IV. Personal delivery devices shall not:
(a) Operate at speeds in excess of 10 miles per hour on sidewalks;
(b) Operate at speeds in excess of 20 miles per hour on roadways;
(c) Operate unless the navigation and operation is being monitored or controlled by an operator;
(d) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 and must be placarded under 49 C.F.R. 172.500 through 172.560.
V. A local authority may not ban the operation of a personal delivery device but may reasonably restrict the operation of a personal delivery device on a roadway or in a pedestrian area in a manner consistent with this subdivision following an opportunity for input from stakeholders.
VI. A person who owns and operates a personal delivery device in this state shall maintain an insurance policy, on behalf of himself or herself and his or her agents, which provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under the entity's or agent's control.
Source.
2022, 13:3, eff. June 10, 2022.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:1 - Definitions.

265-A:1 Definitions. –
In this chapter:
I. "Authorized agent" means any agent or inspector certified by the commissioner, after training, to police the public waters of the state.
II. "Boat" means and includes every type of watercraft used or capable of being used as a means of transportation on the water.
III. "OHRV" means an off highway recreational vehicle as defined in RSA 259:69 or a snowmobile as defined in RSA 259:102.
IV. "Peace officer" means "peace officer" as defined in RSA 594:1 or any properly trained personnel of the United States Coast Guard.
V. "Operate," when used in relation to a boat, means to drive, paddle, row, or exercise control over any boat unless the boat is at anchor, docked, made fast, or moored.
VI. "Drive," or "attempt to drive," or "actual physical control" shall not include sleeping, resting, or sheltering in place in a vehicle parked in any place where parking is permitted, provided that the person is not seated at the controls of the vehicle.
Source.
2006, 260:1. 2008, 316:1, eff. July 2, 2008. 2020, 20:1, eff. Sept. 15, 2020.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:1-a - Incorporation of Former, Repealed Statutes.

265-A:1-a Incorporation of Former, Repealed Statutes. –
I. Any reference to a prior violation of, or conviction under, RSA 265-A:2 or RSA 265-A:3 shall be read to include violations of, and convictions under, the former, repealed versions of those statutes.
II. Any reference to a prior administrative license suspension under RSA 265-A:30 shall be read to include proceedings under the former, repealed version of that statute.
III. Any reference to a prior refusal of consent under RSA 265-A:14 shall be read to include a refusal under the former, repealed version of that statute.
IV. In any statute, any reference to a revocation, suspension, or conviction pursuant to a section of RSA 265-A shall be read to include a revocation, suspension, or conviction pursuant to the former, repealed version of the statute.
Source.
2008, 62:3, eff. July 20, 2008.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:2 - Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration.

265-A:2 Driving or Operating Under Influence of Drugs or Liquor;  Driving or Operating With Excess Alcohol Concentration. –
I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive; or
(b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.
II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and a controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person's ability to drive or while such person has an alcohol concentration of 0.08 or more or in the case of persons under the age of 21, 0.02 or more.
Source.
2006, 260:1. 2012, 267:2, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:3 - Aggravated Driving While Intoxicated.

265-A:3 Aggravated Driving While Intoxicated. –
A person shall be guilty of aggravated driving while intoxicated if the person drives, operates, or attempts to operate an OHRV, or if the person drives or attempts to drive a vehicle upon any way, or if the person operates or attempts to operate a boat:
I. While under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person's ability to drive and, at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;
(d) Carries as a passenger a person under the age of 16; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more;
II. While having 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 offense, 0.02 or more and, at the time alleged:
(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;
(b) Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another;
(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lights while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;
(d) Carries as a passenger a person under the age of 16; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
III. While having an alcohol concentration of 0.16 or more.
Source.
2006, 260:1. 2012, 267:3, eff. Jan. 1, 2013. 2020, 33:8, 9, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:3-a - Arraignment.

265-A:3-a Arraignment. –
To the extent practicable, a law enforcement officer charging a person with violating RSA 265-A:2 or RSA 265-A:3 shall schedule an arraignment on such charge to take place no later than 14 business days after the date of the violation.
Source.
2012, 228:3, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:6 - Administration of Physical Tests Added.

265-A:6 Administration of Physical Tests Added. –
No post-arrest physical test or examination authorized by RSA 265-A:4 shall be considered as evidence in any proceeding before any administrative officer or court unless such test or examination is performed by a law enforcement officer who has been trained in the administration of such physical tests and examinations by a law enforcement agency or in a training program approved by the police standards and training council.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:7 - Additional Tests.

265-A:7 Additional Tests. –
I. Any person to whom RSA 265-A:4 is applicable shall have the right at his or her own expense to have additional tests made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under RSA 265-A:5, and shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of RSA 265-A:4. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing herein shall require the release from custody of the arrested person for the purpose of having such additional test made.
II. A sample of blood taken pursuant to RSA 265-A:4 shall be of sufficient quantity to allow 2 tests; and the testing laboratory shall retain for a period of 30 days subsequent to the test conducted pursuant to RSA 265-A:4 a quantity of said sample sufficient for another test, which quantity shall be made available to the respondent or his or her counsel upon request.
III. A sample of breath taken pursuant to paragraph I shall be analyzed in accordance with rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V. A subject who submits to an infrared molecular absorption test at the request of a law enforcement officer shall have the right at his or her own expense to have a blood sample drawn and a blood test made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under RSA 265-A:5. The person shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of RSA 265-A:4. After the person submits to the infrared molecular absorption test and the test is completed, the person shall also be provided contact information for individuals and the nearest facilities that make themselves available to draw and test blood. The individuals listed, by virtue of their residence or work location, should have a reasonable probability of performing the blood draw within 2 hours of the initial breath sample having been taken by the police. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing in this paragraph shall require the release from custody of the arrested person for the purpose of having such additional test taken, however, an arrested person who remains in custody shall be permitted to have his or her blood drawn by a person who has been determined to be competent by the commissioner of the department of safety under RSA 265-A:5.
Source.
2006, 260:1, eff. Jan. 1, 2007. 2016, 244:2, eff. Jan. 1, 2017. 2019, 119:1, eff. Aug. 20, 2019.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:8 - Prerequisites to Tests.

265-A:8 Prerequisites to Tests. –
I. Before any test of a person's blood, urine, or breath specified in RSA 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall:
(a) Inform the arrested person of his or her right to have an additional test or tests of his or her blood made by a person of his or her own choosing;
(b) Afford the arrested person an opportunity to request such additional test; and
(c) Inform the arrested person of the consequences of his or her refusal to permit a test at the direction of the law enforcement officer.
II. Before any post-arrest physical test specified in RSA 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall inform the defendant of the consequences of the defendant's refusal to comply with the law enforcement officer's, authorized agent's, or peace officer's instructions for a post-arrest physical test.
III. If the law enforcement officer, authorized agent, or peace officer fails to comply with the provisions of this section, the test shall be inadmissible as evidence in any proceeding before any administrative officer and court of this state.
Source.
2006, 260:1, eff. Jan. 1, 2007. 2016, 244:3, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:9 - Effect of Evidence of Alcohol Concentration Test.

265-A:9 Effect of Evidence of Alcohol Concentration Test. –
The provisions of this subdivision do not limit the introduction of any other competent evidence bearing on the question of whether a person charged with the violation of RSA 265-A:2, I(a), or RSA 265-A:3, I, was under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive.
Source.
2006, 260:1. 2012, 267:7, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:10 - Effect of Evidence of Refusal to Take Alcohol Concentration Test.

265-A:10 Effect of Evidence of Refusal to Take Alcohol Concentration Test. –
If a person refuses to submit to a test as provided in RSA 265-A:4, such refusal may be admissible into evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by that person while driving, operating, attempting to operate, or in actual physical control of an OHRV, driving, attempting to drive, or in actual physical control of a vehicle, or operating, attempting to operate, or in actual physical control of a boat while under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive.
Source.
2006, 260:1. 2012, 267:8, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:12 - Official Record of Tests.

265-A:12 Official Record of Tests. –
I. Any person who is arraigned on a charge arising under RSA 265-A:4 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct and result of said test.
II. A copy of the preventive maintenance check form filled out by the forensic breath testing supervisor who performed the last preventive maintenance check on the breath testing machine in question prior to the time of the test at issue shall be admissible evidence of the performance and successful completion of such check. Such check shall have been performed according to the schedule required in the rules adopted by the commissioner of the department of safety.
III. The successful completion of the external standard reference check shall be admissible evidence that the instrument was properly calibrated at the time of the test. The external standard reference check shall be performed according to the schedule required in rules adopted by the commissioner of the department of safety pursuant to RSA 541-A.
IV. A copy of the appropriate form filled out and signed by the person who took the sample for the alcohol concentration test in question shall be admissible evidence that the sample was taken by such person at the stated time on the stated date according to the procedures prescribed in the rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V.
V. Any person who is arraigned on a charge arising under RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 shall file, within 10 days of such person's receipt of the results of any toxicology test administered to such person for the presence of any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive, a notice in said court requiring the attendance of the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the certifying scientist at trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct of the result of such test.
Source.
2006, 260:1. 2012, 267:10, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:13 - Incapacity to Give Consent.

265-A:13 Incapacity to Give Consent. –
Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusing shall be deemed not to have withdrawn the consent provided by RSA 265-A:4 and the test or tests may be administered. The provisions of RSA 265-A:8 shall not apply to persons incapable of giving consent as provided for in this section.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:16 - Blood Testing of Certain Motor Vehicle Fatalities.

265-A:16 Blood Testing of Certain Motor Vehicle Fatalities. –
When a collision, boating accident, or OHRV accident results in death or serious bodily injury to any person, all drivers or operators involved, whether living or deceased, and all deceased vehicle, boat, or OHRV occupants and pedestrians involved shall be tested for evidence of alcohol or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive. A law enforcement officer, authorized agent, or peace officer shall request a licensed physician, registered nurse, certified physician's assistant, or qualified medical technician or medical technologist to withdraw blood from each driver or operator involved if living and from the body of each deceased driver or operator, deceased occupant, or deceased pedestrian, in accordance with RSA 611-B:14, II, for the purpose of testing for evidence of alcohol content or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive; provided that in the case of a living driver or operator the officer has probable cause to believe that the driver or operator caused the collision or accident. All tests made under this section shall be conducted by the forensic science laboratory established in RSA 106-B:2-a or in any other laboratory capable of conducting such tests which is licensed under the laws of this or any other state and which has also been licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988, as amended. A copy of the report of any such test shall be kept on file by the medical examiner. The filed report is not a public record under RSA 91-A. However, the report shall be made available to the following:
I. Any highway safety agency for use in compiling statistics to evaluate the effectiveness of its program; and
II. Any person, including his or her legal representative, who is or may be involved in a civil, criminal, or administrative action or proceeding arising out of an accident in connection with which the test was performed.
Source.
2006, 260:1. 2007, 324:14. 2012, 267:13, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:17 - Arrest Without a Warrant.

265-A:17 Arrest Without a Warrant. –
Notwithstanding any other statutory provision of law to the contrary, a law enforcement officer may, without a warrant, arrest any person involved in a traffic accident, OHRV accident, or boating accident when the officer has probable cause to believe that such person has committed an offense, an element of which is driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive, or both. Notwithstanding any statutory provision of law to the contrary, a law enforcement officer may make such an arrest in such officer's own jurisdiction or on the property of any medical facility in another jurisdiction in this state where the person or others are taken for treatment for injuries suffered in such traffic accident.
Source.
2006, 260:1. 2012, 267:14, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:19 - Penalties for Boating While Intoxicated.

265-A:19 Penalties for Boating While Intoxicated. –
I. Any person convicted of a violation of RSA 265-A:2, II or RSA 630:2 or RSA 630:3, or RSA 631:1, RSA 631:2, RSA 631:2-a, or RSA 631:3 when the offense was committed by means of his or her operation or attempted operation of a boat shall not operate a boat on the waters of this state for a period of one year from the date of his or her conviction, whether or not such conviction is appealed. Any person operating or attempting to operate a boat during such a period is guilty of a misdemeanor.
II. Any person convicted of a violation of RSA 265-A:2, II who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the person completes a substance use disorder evaluation administered by a service provider indicated by an IDCMP, complies with the service plan developed from the substance abuse disorder evaluation, and completes a department of health and human services approved impaired driver education program; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of the impaired driver education program requirement. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.
III. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
IV. Any person who is convicted of a violation of RSA 265-A:2, II shall be subject to the same penalties as a person convicted of a violation of RSA 265-A:2, I as specified in RSA 265-A:18. Any person who is convicted of a violation of paragraph II of this section shall be subject to the same penalties as a person convicted of a violation of RSA 265-A:3 as specified in RSA 265-A:18.
V. [Repealed.]
Source.
2006, 260:1. 2008, 316:5. 2010, Sp. Sess., 1:19. 2012, 228:5, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:20 - Loss of Motorboat Privileges.

265-A:20 Loss of Motorboat Privileges. –
Any person who is convicted of a violation of RSA 265-A:2, I involving a motor vehicle shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction. Any person who is convicted of a violation of RSA 265-A:3 shall lose the privilege to operate a motorboat on the waters of this state for the same period of time as the loss of driving privileges.
Source.
2006, 260:1. 2008, 316:3. 2012, 43:3, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:21 - Annulment; Plea Bargaining.

265-A:21 Annulment;  Plea Bargaining. –
I. Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or attempting to operate a boat on the waters of this state while under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or while having an alcohol concentration of 0.08 or more or of aggravated drunken driving until 10 years after the date of conviction. Any record thus annulled shall be retained in a permanent file, to be opened only for purposes of sentencing in the case of an offense under RSA 265-A:3.
II. Notwithstanding any other provision of law to the contrary, in any case in which a person is arrested for and charged with the offense of driving or attempting to drive a vehicle on any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or attempting to operate a boat while under the influence of intoxicating liquor or drugs or while having an alcohol concentration of 0.08 or more and that charge is reduced from a second or subsequent offense to a first offense or in which the original charge is reduced to or in any manner substituted with another charge or a nolle prosequi entered in exchange for an agreement to plead guilty or nolo contendere to another charge, the prosecutor shall submit to the attorney general a written report describing such agreement. All such written reports shall be submitted to the attorney general on a monthly basis. The report shall contain such information as the attorney general shall prescribe; provided, however, that the attorney general shall not be subject to the provisions of RSA 541-A in prescribing such information. The report required by this paragraph shall be a public record and shall be available for public inspection as provided in RSA 91-A:4.
III. Notwithstanding any other provision of law to the contrary, if a person is arrested for driving or attempting to drive a motor vehicle upon any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or attempting to operate a boat while under the influence of intoxicating liquor or drugs or while having an alcohol concentration of 0.08 or more, no prosecutor shall enter into any agreement with such person or such person's attorney if such agreement would result in a charge that removed the case from consideration under any provision of RSA 259-RSA 266. The provisions of this paragraph, however, shall not prevent the bringing of any charge under RSA 630:2 or RSA 630:3.
Source.
2006, 260:1. 2012, 267:15, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:22 - Payment of All Obligations Prior to Restoration or Renewal.

265-A:22 Payment of All Obligations Prior to Restoration or Renewal. –
The director of motor vehicles shall not restore or renew a person's license or privilege to drive, if it was revoked pursuant to RSA 265-A:2; RSA 265-A:3; RSA 265-A:35; RSA 265-A:43; RSA 630:2; or RSA 630:3, or if the revocation was connected with an alcohol-related or drug-related offense, until all obligations of such person resulting from the arrest and conviction for the offense are met. For the purposes of this section, the word "obligations" shall mean fines and penalty assessments, court-ordered restitution or reimbursement to any person injured as a result of the offense, successful completion of all treatment and rehabilitation programs the person is required to take, full payment of all fees for such programs, and any other costs which may be ordered by the court. The word "obligations" shall not mean completion of probation or parole or completion of a condition of probation or parole. In any case where the court orders periodic payment of fines, penalty assessments, restitution, or reimbursement, the obligations of such periods shall be deemed to have been met if such person is current in all such court-ordered payments.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:23 - Commercial Licensing; Penalties; Driving Under the Influence.

265-A:23 Commercial Licensing;  Penalties;  Driving Under the Influence. –
Any person who is the holder of a commercial driver license or commercial endorsement or was required by law at the time to have a commercial driver license or endorsement and who is convicted of violating RSA 265-A:2 or RSA 265-A:3, or who drives a commercial vehicle with an alcohol concentration of 0.04 or greater shall in addition to the penalties provided in this chapter be subject to the additional penalties and sanctions provided in RSA 263:94.
Source.
2006, 260:1. 2010, 95:6, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:24 - Commercial Drivers Prohibited From Driving With any Alcohol in Their Systems.

265-A:24 Commercial Drivers Prohibited From Driving With any Alcohol in Their Systems. –
I. Notwithstanding any other provision of law, a person shall not drive a commercial motor vehicle while having alcohol in his or her system.
II. A person who drives a commercial motor vehicle while having alcohol in his or her system, or who refuses to take a test to determine his or her alcohol concentration, shall be placed out-of-service for 24 hours.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:25 - Implied Consent Requirements for Commercial Motor Vehicle Drivers.

265-A:25 Implied Consent Requirements for Commercial Motor Vehicle Drivers. –
I. Any person who drives a commercial motor vehicle upon the ways of New Hampshire shall be deemed to have given consent, subject to the provisions of RSA 265-A:4, to a test or tests of any or all or any combination of the following: blood, breath, or urine, for the purpose of determining that person's alcohol concentration, or the presence of other drugs.
II. A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that the driver was driving a commercial motor vehicle while having alcohol in his system.
III. (a) Upon the first refusal of any person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person's alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for a period of not less than one year.
(b) If the person has a prior refusal under subparagraph III(a) then, upon the second or subsequent refusal of such person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person's alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for life, with an opportunity for a review after 10 years, as provided in RSA 263:94, IV.
IV. If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to paragraph I and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.
V. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph IV, the department shall immediately disqualify the driver from driving a commercial motor vehicle under RSA 265-A:23.
VI. The driver shall have the opportunity for a hearing and appeal as provided in RSA 265-A:31 and RSA 265-A:34.
Source.
2006, 260:1. 2013, 180:8, eff. Jan. 1, 2014. 2020, 33:10, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:26 - Revocation of License for Driving While Intoxicated and Appeal.

265-A:26 Revocation of License for Driving While Intoxicated and Appeal. –
I. Upon a conviction of a violation of RSA 265-A:2 or RSA 265-A:3, the court shall report to the department and shall immediately revoke the license or driving privilege of the person so convicted, or the right of a nonresident so convicted to drive within the state of New Hampshire; and said court in the case of holders of New Hampshire licenses shall return such license with its findings marked thereon, together with the court return, to the department; and the department may revoke the license of any person who shall be convicted of a similar offense by a court of any other state in a criminal proceeding, or who shall be found to have committed a similar act by a court of any other state in a civil proceeding.
II. Whenever any person convicted of a violation of RSA 265-A:2 or RSA 265-A:3 appeals, the district court shall forthwith revoke the license or driving privilege of such person and, in case of a holder of a New Hampshire license, shall return such license together with the court return to the department which shall not reissue any license until the period of revocation determined by the court has elapsed.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:27 - Not Guilty Finding; Return of License.

265-A:27 Not Guilty Finding;  Return of License. –
Any person whose license was revoked under the provisions of RSA 265-A:26 who appeals and is not found guilty shall have any previously held license returned. No additional fee requirements shall be imposed in connection with such license restoration.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:28 - License Restored Upon Proof of Financial Responsibility.

265-A:28 License Restored Upon Proof of Financial Responsibility. –
Notwithstanding the provisions of RSA 263:71, the director shall not restore a license or driving privilege to a person whose license or driving privileges have been revoked pursuant to RSA 265-A:18 until such person has furnished proof of financial responsibility as required by other provisions of the law.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:29 - Revocation of Nonresident Privilege.

265-A:29 Revocation of Nonresident Privilege. –
When it has been finally determined under the procedures of this subdivision that a nonresident's privilege to drive a motor vehicle in this state has been revoked, the department shall give information in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
Source.
2006, 260:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXI - Motor Vehicles › Chapter 265-A - Alcohol or Drug Impairment › Section 265-A:32 - Period of License Suspension.

265-A:32 Period of License Suspension. –
Where a license or driving privilege has been suspended under RSA 265-A:30 and the person is also convicted on criminal charges arising out of the same event both the suspension and the court-ordered revocation shall be imposed but the total period of suspension and revocation shall not exceed the longer of the 2 periods; provided, however, that any suspension for refusing to submit to a test under the provisions of RSA 265-A:14 shall not run concurrently with any other penalty imposed under the provisions of this title.
Source.
2006, 260:1, eff. Jan. 1, 2007.