A new law that took effect on January 1st now allows, for the first time in New Hampshire, a conditional license for those under suspension for a first offense Driving Under the Influence conviction. Every state has its own rules about DWI or DUI (it can be referred to as either). If you have a DUI in NH and want to discuss this new law please get in touch with us or another NH DUI lawyer.
The law requires the defendant to serve no less than a 45 day loss of license before his license can be restored. If you get a DUI in NH, for a first offense, you must petition the Court and get the judge’s approval in order to get the conditional license. The DMV is currently taking the view that the conditional license can only be obtained for court-imposed suspensions and not for administrative suspensions related to refusing a breath test or blowing over the legal limit. An enterprising NH DUI lawyer might challenge that view but until then we’re stuck with it.
The purpose of the law is to allow a limited driving privilege to allow the defendant who got a first offense DUI in NH to drive to:
- an alcohol or drug treatment program;
- medical appointments for the defendant or his family members;
- school; or
- job training.
To qualify the defendant must submit proof of financial responsibility (SR-22) as well as an application that demonstrates the need for the license to the court. A NH DUI lawyer can help with this process if you hire one.
If the court grants the application the defendant must keep a copy of the order with him whenever he drives until his license is fully restored. Any NH DUI lawyer will tell you to be careful about this. If you don’t have the paperwork on you, you could get arrested and have to explain yourself in Court.
The driver will only be allowed to drive for the particularized reason underlying the application. The defendant will be required to give a copy of the court’s order to the police department of the town in which the defendant resides. The defendant will also be required to install an interlock device if his application is granted.
A violation of the terms of the conditional license will result in a new criminal charge of operation after suspension.