2006 New Hampshire Statutes - Section 263:94 Violations; Penalties; Driving Under the Influence.

    I. Any person who drives a commercial motor vehicle with or without a valid commercial driver license and commits one of the following offenses shall be punished as follows:

[Paragraph I(a) effective until January 1, 2007; see also paragraph I(a) set out below.]

       (a) The commissioner shall suspend for at least one year, the commercial driver license of a person who is found to have committed a first violation of:
          (1) Driving a commercial motor vehicle under the influence of alcohol with an alcohol concentration of 0.04 or greater, or other controlled substances, notwithstanding RSA 265:89;
          (2) Leaving the scene of an accident while driving a commercial motor vehicle; and
          (3) Driving a commercial motor vehicle in the commission of a felony, except a controlled substance felony as described in subparagraph (d).

[Paragraph I(a) effective January 1, 2007; see also paragraph I(a) set out above.]

       (a) The commissioner shall suspend for at least one year, the commercial driver license of a person who is found to have committed a first violation of:
          (1) Leaving the scene of an accident while driving a commercial motor vehicle; and
          (2) Driving a commercial motor vehicle in the commission of a felony, except a controlled substance felony as described in subparagraph (d).
       (b) If the driver commits any of the violations listed in subparagraph (a) while carrying hazardous materials, the suspension shall be for a period of 3 years.

[Paragraph I(c) effective until January 1, 2007; see also paragraph I(c) set out below.]

       (c) The commissioner shall suspend for life, or a period of not less than 10 years, according to federal Department of Transportation regulations, the commercial driver license of a person who is found to have committed a second violation of:
          (1) Driving a commercial motor vehicle under the influence of alcohol with an alcohol concentration of 0.04 or greater, or other controlled substance, notwithstanding RSA 265:89;
          (2) Leaving the scene of an accident while driving a commercial motor vehicle; or
          (3) Using a commercial motor vehicle in the commission of a felony.

[Paragraph I(c) effective January 1, 2007; see also paragraph I(c) set out above.]

       (c) The commissioner shall suspend for life, or a period of not less than 10 years, according to federal Department of Transportation regulations, the commercial driver license of a person who is found to have committed a second violation of:
          (1) Leaving the scene of an accident while driving a commercial motor vehicle; or
          (2) Using a commercial motor vehicle in the commission of a felony.
       (d) The commissioner shall suspend for life the commercial driver license of a person who is found to have knowingly used a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to distribute.
       (e) The commissioner shall suspend for a period of not less than 60 days the commercial driver license of a person who in a 3-year period has committed 2 serious traffic violations involving a commercial motor vehicle, and for not less than 120 days the commercial driver license of a person who has committed 3 serious traffic violations in a 3-year period.
    II. Any person who violates RSA 263:83, 263:84, 263:85 or 263:86 shall be guilty of a violation.
    III. Any driver license suspension or revocation imposed under other provisions of state law shall cause the revocation or suspension of the commercial driver license for the same period of time.

Source. 1989, 319:17. 1991, 294:2, eff. July 1, 1991. 2006, 260:24, eff. Jan. 1, 2007.