New Hampshire New Hampshire’s all -offender ignition interlock law went into effect January 1, 2016. From 2006 to 2020 in New Hampshire, interlocks stopped 14,529 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 1,791 attempts to drive drunk in 2020.
Grade: F (56/100) New Hampshire’s all -offender law contains loopholes that minimizes the effectiveness of the law. Allowing drunk drivers to use an interlock upon revocation and to require these devices before obtaining unrestricted driving privileges will improve the law.
Why does MADD call the law all-offender? Judges must order the use of interlocks for first-time offenders.
Process to obtain an ignition interlock 1. Complete all jail/suspension time, the Impaired Driver Care Management Program (IDCMP) and community service hours, if applicable. 2. File for an SR-22 proof of insurance if needed. 3. Schedule an appointment to have an interlock device installed. 4. Pay reinstatement, and any other applicable, fees to the New Hampshire Department of Safety. 5. Finally, per administrative regulations, the DMV will mail the person a license restoration notice as confirmation. 6. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 45 days after conviction 1 year Eliminate any waiting
periods before installation of an interlock. Allow for interlock use for refusals.
Unclear
Second offense
Unclear
Interlocks not available for first-time refusals
First refusal
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes If it is found that a person required to drive a motor vehicle equipped with an interlock has failed without reasonable cause including, but not limited to, illness, hospitalization, or incarceration, to comply with any requirement for the maintenance or calibration of the device, or shows a consistent pattern of failures to pass the breath test provided by the device, the commissioner after a hearing may order a further license suspension or revocation for a period of not more than 12 months. The period of suspension or revocation under this section shall be added to any previously ordered suspension or revocation. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes If an offender is determined to be indigent or unable to afford the interlock, under current law the interlock company gives a 25 percent discount. Sources: §265-A:36, New Hampshire DMV.
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