Section Saf-C 6512.06 - Installation of Device(a) Pursuant to RSA 265-A:36-a, the commissioner shall schedule a hearing to show cause why a person should not be ordered to install a device when the person's license or driving privilege was suspended or revoked: (1) Pursuant to RSA 262:19 or RSA 630:2, III, where alcohol has been involved;(2) As the result of a conviction of any offense under RSA 265-A:2, RSA 265-A:3, or RSA 265:79-a where alcohol was involved; or(3) As the result of a conviction of RSA 630:3, II.(b) For convictions under RSA 265-A:2, a hearing shall be scheduled if: (1) The person has a prior conviction for driving while intoxicated in this state or another state;(2) When a test administered to the person under the provisions of RSA 265-A:4 reveals a BAC of .16 or higher for a driver 21 years of age and older;(3) When the person has a prior test over the legal limit or a prior refusal to submit to the requested testing;(4) When the person has prior convictions on the record that involve alcoholic beverages or drugs, or administrative sanctions due to the possession or consumption of alcoholic beverages; or(5) When the person was under the age of 21 at the time of the incident that led to the driving while intoxicated convictions.(c) At the scheduled hearing, the person shall be allowed to present evidence to the hearing examiner as to whether the installation of the device is warranted. The device shall be ordered for a period of not less than 12 months and not more than 2 years if the hearing examiner finds that the safety of the person and other users of the highways would be enhanced by the installation of the device.(d) In making the determination in (c) above, the hearing examiner shall consider factors to include, but not limited to: (1) Evidence of an elevated BAC, if a test was involved;(2) The number of alcohol or drug related convictions and administrative suspensions on the person's driving record;(3) The age of the person at the time of the driving while intoxicated arrest;(4) Evidence of treatment since the date of the driving while intoxicated arrest;(5) The length of time between driving while intoxicated arrests; and(6) Whether safety of the driver and users of the highway would be enhanced by the installation of the device.(e) Notwithstanding this rule, no hearing shall be scheduled if the convicting court has already order the installation of a device as part of the person's sentence.(f) A person may appeal an order of the hearing examiner pursuant to RSA 541.N.H. Admin. Code § Saf-C 6512.06
Derived from Volume XLII Number 41, Filed October 13, 2022, Proposed by #13448, Effective 9/20/2022, Expires 9/20/2032