This text of New Hampshire § 265-A:38-a (Ignition Interlock Device Removal Protocol) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
I. Prior to the removal of an ignition interlock device from a vehicle, the interlock service provider shall obtain from the department's interlock coordinator a certificate of removal effective on the expiration date of the interlock order provided the driver has not committed an interlock violation within the preceding 120-day period. As used in this section "interlock violation" means:
(a)Operating a motor vehicle without an interlock device.
(b)Soliciting or allowing any other person to provide a breath sample to an interlock device or to start an interlock equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle.
(c)Using any means other than providing a breath sample directly from the operator's mouth into the device in order to supply
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I. Prior to the removal of an ignition interlock device from a vehicle, the interlock service provider shall obtain from the department's interlock coordinator a certificate of removal effective on the expiration date of the interlock order provided the driver has not committed an interlock violation within the preceding 120-day period. As used in this section "interlock violation" means:
(a) Operating a motor vehicle without an interlock device.
(b) Soliciting or allowing any other person to provide a breath sample to an interlock device or to start an interlock equipped vehicle for the purpose of providing the person so restricted with an operable motor vehicle.
(c) Using any means other than providing a breath sample directly from the operator's mouth into the device in order to supply an air sample to the device.
(d) An attempt to tamper with or circumvent the interlock device.
(e) A failed rolling retest in which the operator's breath alcohol concentration registered at or above 0.05.
(f) Two failed rolling retests within a single service period in which the operator's breath alcohol concentration registered above 0.03.
(g) Two lockouts due to missed rolling retests.
(h) Two missed service visits.
(i) More than one attempt to start the vehicle with a breath alcohol concentration of 0.05 or above.
II. If the restricted person has more than one interlock violation within the 120 days prior to the request for removal of the interlock, the commissioner shall refuse to issue a removal certificate and shall order that the person continue to have an interlock device or enhanced technology interlock device in any vehicle registered to or used by that person for an additional period of 120 days or until the individual has been violation-free for such extended period, whichever is the later.
III. An operator who is identified as having committed an ignition interlock violation may request a hearing with the bureau of hearings to determine by a preponderance of the evidence whether such violation occurred. The department shall notify the operator of this right to a hearing, however the interlock shall not be removed from the vehicle while such hearing is pending.
IV. If after a hearing the commissioner determines that the scope and nature of an operator's violations of the provisions of this section are so significant or flagrant that the interests of public safety are at risk, the commissioner may also revoke any vehicle registrations in the name of the operator, as well as the registrations of vehicles equipped with an ignition interlock device the operator has access to, and prevent further registrations from issuing.
V. If a person, who is required to have an ignition interlock device installed in any vehicle registered to or used by that person on a regular basis, removes or has the interlock removed without first obtaining a removal certificate, the commissioner in his or her discretion may suspend that person's license or driving privilege until such time as the ignition interlock device is reinstalled and may extend the period of time for which an ignition interlock device is required by not less than a number of days equivalent to the number of days that the ignition interlock device was not in place, or not more than an additional 120 days, regardless of the date that the interlock order would otherwise expire.
VI. No person who has a court or administrative hearing pending regarding an allegation of having committed one or more ignition interlock device violations shall remove the ignition interlock device or have the ignition interlock device removed or apply for a removal certificate, and if he or she has the ignition interlock device removed during the pendency of such hearing the commissioner in his or her discretion may require the ignition interlock device to be reinstalled and may extend the period of time for which an ignition interlock device is required by a number of days equivalent to the number of days that the ignition interlock device was not in place or not more than an additional 120 days, regardless of the date that the interlock order would otherwise expire.