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The Brennan Lenehan Blog

Monday, November 23, 2015

THE LIMITED PRIVILEGE DRIVER LICENSE

A HARDSHIP LICENSE: 
COMING SOON TO NEW HAMPSHIRE

  One of the most common questions asked about DWI convictions in New Hampshire is: Can I get a work license that will allow me to drive to work? For years the answer to the question was simple: No.

That answer will change on January 1, 2016. 

Starting on January 1, 2016, NHRSA 263:57-b will provide for the restoration of a driver’s license with limited privileges. Although the New Hampshire version of a hardship license comes with significant restrictions it should be helpful to some NH residents who need to drive for work, to work, or for other important reasons. One big drawback is that the hardship license is not effective until your license has been revoked or suspended for a period of 45 days either under the court order of conviction or the administrative license suspension law.

In order to qualify for the new hardship license a person must first be convicted of a first offense DWI that does not involve a commercial vehicle. Although not explicit in the statute it appears that a limited privilege license will be available to convicted drivers who also have lost their driving privilege under the Administrative License Suspension law. See RSA 263:57-b, III.

The steps to obtain a hardship license:

1. You must file a petition for a limited privilege license in the court of conviction.

2.  You must submit proof of financial responsibility from your insurance carrier. (This is called an SR-22 certificate in New Hampshire.)

3.  You must provide satisfactory proof from your employer, program, medical treatment facility, state-approved educational facility or other destination of at least one of the following:

        (a) That you must operate a motor vehicle as a requisite of your occupation or employment. 

        (b) That you must operate a motor vehicle to seek employment or to get to and from a place of employment. 

        (c) That you must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program. 

        (d) That you or a member of your immediate family requires medical treatment on a regular basis and that you must operate a motor vehicle in order that the treatment may be obtained. 

        (e) That you must operate a motor vehicle to continue your education. 

        (f) That you must operate a motor vehicle to attend job training.

Under this new law a hardship license will be limited to certain times, places and days as determined by the court to be necessary for you to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue your education, to attend job training, or to obtain required medical treatment for yourself or a member of your immediate family. 

The limited privilege license will state specific times, places and days when you are allowed to drive. 

A hardship license limits your ability to drive to vehicles that are equipped with an ignition interlock device!

Finally when driving on a limited privilege license you must have a copy of the court order in your vehicle and you must provide a copy to your local police department.

Getting a hardship license in New Hampshire will not be an easy feat.  A skilled criminal defense lawyer can help you through the process. Our lawyers at Brennan Lenehan have been defending people accused of DWI for more than 30 years. We provide experience when you need it most. 

 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information is not intended to create an attorney-client relationship.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information is not intended to create an attorney-client relationship.