Alcohol Ignition Interlock Program

Section 265-A:38

    265-A:38 Violating Interlock Order. –
I. Upon written notice, by affidavit, that any person has violated an order of the court or the commissioner with regard to the installation of an ignition interlock device after the period of revocation or suspension imposed in RSA 265-A:18, 265:79, 630:2, III or 630:3, a hearing shall be scheduled within 14 business days of the notice. Pending the hearing and upon a finding of probable cause that a violation has occurred based upon the affidavit, the commissioner shall immediately suspend the defendant's privilege to drive a motor vehicle. After the hearing and upon a finding of violation by a preponderance of the evidence, the privilege to drive shall not be restored until the commissioner is satisfied that the person is in compliance with the order.
II. If it is found that a person required to drive a motor vehicle equipped with an ignition interlock device 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, or where there is evidence of tampering or circumvention of the device, or where there is an unauthorized engine start without a passed breath test, and when the unit has a power disconnect for more than 15 minutes, the commissioner after a hearing may order a further license suspension or revocation for a period of not more than 12 months. In addition, upon a complaint the court may order a show cause hearing to determine if the person should be held in contempt of court. Upon a finding of contempt, the court may sentence the defendant to up to 6 months in a county department of corrections facility, and may make such other orders as necessary to bring about compliance, and in the absence of a license suspension by the commissioner 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.

Source. 2006, 260:1, eff. Jan. 1, 2007. 2015, 118:3, eff. Jan. 1, 2016. 2017, 243:2, eff. July 18, 2017; 244:3, eff. July 18, 2017.