Section Saf-C 1011.12 - Probationary Driver License(a) Each licensee who applies for reissuance of a driver license in accordance with the provisions of RSA 265-A:35 and RSA 262:24 shall be: (1) Considered an "at risk" driver; and(2) Issued a probationary driver license for a period of 5 years from the date of reissuance.(b) A probationary driver license issued pursuant to this section shall contain red lettering on the driver license number located on the front of the driver license.(c) Upon submission of an application from the licensee at the expiration of the 5-year period, the division shall issue a replacement driver license without the red lettering.(d) A probationary license holder shall not drive or attempt to drive a vehicle upon a way while under the influence of a controlled drug or intoxicating liquor if their blood alcohol content is 3/100 percent or greater.(e) A probationary license holder who refuses a blood alcohol content test of the officer's choosing shall have their driver license administratively suspended for 90 days, and:(1) The division shall notify the person in writing by first class mail of the suspension, which shall become effective 30 days from the date of notification;(2) The person may request a hearing by submitting a written request to the bureau of hearings within 30 days from the date of notification;(3) A request, pursuant to (2) above, shall not delay, postpone or otherwise interrupt the suspension;(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days after receipt of the request;(5) The law enforcement officer who filed the report shall be notified of the hearing;(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and(7) The hearings examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.(f) The department shall suspend the driver license of a probationary license holder who submits to an alcohol concentration test, and the results are 3/100 percent or more. The licensee shall be suspended for 90 days for a first probationary license offense and 180 days for a subsequent probationary license offense.(g) In the case of (f) above the following shall apply:(1) The division shall notify the person in writing by first class mail of the suspension, which shall become effective 30 days from the date of notification;(2) The person shall be afforded a hearing by submitting a written request to the bureau of hearings within 30 days of the date of notification;(3) A request, pursuant to (2) above, shall not delay postpone or otherwise interrupt the suspension;(4) If a request pursuant to (2) above is made, a hearing shall be scheduled within 15 days of receipt of the request;(5) The law enforcement officer who filed the report shall be notified of the hearing;(6) If the law enforcement officer fails to appear at the hearing, or appears at the hearing and fails to produce relevant evidence, the case shall be dismissed; and(7) The hearing examiner's decision shall be forwarded to the individual, or his legal counsel, within 15 working days after the conclusion of the hearing.(h) The scope of the hearing described in (e) or (g) above shall be limited to whether:(1) The person held a probationary license at the time of the offense; and(2) The person refused a blood alcohol content test as specified in (g); or(3) The person took a blood alcohol content test which showed a result of 3/100 percent or more as specified in (f).(i) A request for a hearing received more than 30 days from the date of the notification shall be denied as untimely.(j) Pursuant to RSA 265-A:35, II, the penalties prescribed in paragraphs (e) and (f), shall not run concurrently with any other penalties.N.H. Admin. Code § Saf-C 1011.12
#8109, eff 6-24-04; ss by #10176, eff 8-23-12 (from Saf-C 1010.13)
Amended by Number 32, Filed August 10, 2023, Proposed by #13685, Effective 8/5/2023, Expires 8/5/2033 (formerly Saf-C 1011.12) (see Revision Note at chapter heading for Saf-C 1000).