New Hampshire's "Probationary License" Law: DWI, Aggravated DWI, Reckless Driving, and Possession of Drugs in a Motor Vehicle

New Hampshire DWI Laws One of the many forms of punishment that you should try to avoid by fighting your DWI charge is the New Hampshire Probationary License law found in the New Hampshire Motor Vehicle Code at RSA 265-A:35.  This law affects drivers who have been convicted of DWI, Aggravated DWI, reckless driving, and possession of controlled drugs in a motor vehicle.  Below is a copy of New Hampshire’s “probationary license law”, which explains how this law can affect New Hampshire drivers who have been convicted of those misdemeanors and violations under New Hampshire motor vehicle law:

TITLE XXI Motor Vehicles


Chapter 265-A Alcohol or Drug Impairment


Driving or Operating Under the Influence of Drugs or Liquor


265-A:35 Probationary Licenses.

I. Any person who shall apply for reissuance of his or her driver's license following revocation or suspension for an offense under RSA 265:79, RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 for an offense involving a vehicle is an "at risk" driver and his or her driver's license shall be probationary for at least 5 years following the date of reissuance.

II. No holder of a probationary license shall drive or attempt to drive a vehicle upon any way when he or she is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs, so that the alcohol concentration is 0.03 or more. Driving with an alcohol concentration of 0.03 or more is a per se violation of a probationary license and subjects the probationary license holder to administrative suspension of his or her driver's license for not less than 90 days and not more than 180 days. Such administrative suspension shall be in addition to any court imposed suspension or revocation periods.

III. Any probationary license holder whom the police have reasonable cause to believe is driving with an alcohol concentration of 0.03 or more and who refuses to submit to a test for alcohol concentration shall have his or her driver's license administratively suspended for a period of 90 days.

If you have questions regarding probationary license status in New Hampshire, or about New Hampshire DWI laws generally, feel free to call Salem, New Hampshire DWI Attorney Mark Stevens today at 1-603-893-0074 today for a free initial consultation.