ALCOHOL OR DRUG IMPAIRMENT
Driving or Operating Under the Influence of Drugs or Liquor
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.