What is a DUI/DWI hardship license, and who is eligible to apply for one in New Hampshire?A DUI/DWI hardship license, also known as an “ignition interlock device” (IID) license, allows individuals who have been convicted of driving under the influence to drive under certain restricted conditions. This type of license requires the driver to install an ignition interlock device (IID) on their vehicle. The device requires the driver to blow into the device before they can start their vehicle. If the result is a high level of alcohol, the vehicle will not start.
In New Hampshire, individuals who have been convicted of a first offense DWI and have had their license revoked for a period of nine months or more are eligible to apply for a hardship license. In addition, individuals who have been convicted of a subsequent offense DWI and have had their license revoked for a period of two years or more are also eligible to apply for an IID license. Approval for an IID license is granted at the discretion of the Department of Safety.
What are the specific conditions or circumstances that may lead to a hardship license in New Hampshire?In New Hampshire, a hardship license can be issued to a person who has had their license suspended or revoked for certain reasons, such as a DWI conviction. In order to be eligible, the applicant must provide proof of financial hardship and proof that their need to travel is for a valid reason, such as attending school or going to and from work. The applicant must also pass both the written and road skills tests and pay all necessary license fees.
Are there different requirements for first-time offenders compared to repeat offenders in New Hampshire?Yes, there are different requirements for first-time offenders and repeat offenders in New Hampshire. First-time offenders are typically required to complete an alcohol education program, community service, and/or a period of license suspension or revocation. Repeat offenders may face harsher penalties such as mandatory jail time, higher fines, longer license suspensions or revocations, and the installation of an ignition interlock device.
How long is a driver’s license typically suspended before applying for a hardship license in New Hampshire?In New Hampshire, a driver’s license is typically suspended for at least 60 days before applying for a hardship license. The length of suspension depends on the offense for which the driver was convicted.
What are the restrictions and limitations of a hardship license in New Hampshire?A hardship license in New Hampshire is restricted to drivers who have had their license suspended or revoked due to certain circumstances, such as a DWI conviction, failure to pay fines or court costs, or medical reasons.
1. The license is only valid for 12 hours per day and is limited to driving within a pre-approved purpose, such as work, school, medical appointments, and court dates.
2. Drivers are restricted to one route to and from the approved destinations.
3. Drivers must adhere to all traffic laws and are subject to additional restrictions that may be imposed by the court, including a breathalyzer test and an ignition interlock device.
4. A hardship license may be revoked if the driver violates any of these restrictions or the terms of the suspension.
Can individuals with a hardship license drive at any time of day or night in New Hampshire?No, individuals with a hardship license in New Hampshire are limited to driving only during the hours indicated on the license, which is usually between 5 am and 11 pm.
Is there a mandatory waiting period before applying for a hardship license in New Hampshire?Yes, there is a mandatory 30-day waiting period before applying for a hardship license in New Hampshire.
Do individuals need to complete any rehabilitation or treatment programs to qualify for a hardship license in New Hampshire?Yes, individuals who have had their driver’s license revoked due to a driving-related offense may be required to complete a driver rehabilitation program before they can be considered for a hardship license. Additionally, individuals with DWI convictions may be required to attend alcohol and drug education classes as part of the application process.
Are there additional fees or costs associated with obtaining a hardship license in New Hampshire?Yes, there are several fees and costs associated with obtaining a hardship license in New Hampshire. These include a $50 application fee, a $45 license fee, and an additional $50 fee if applying for a restricted license. Depending on the situation, additional costs may apply such as the cost of a defensive driving class or additional tests required to reinstate the license.
Can commercial driver’s license (CDL) holders obtain hardship licenses in New Hampshire?No, CDL holders in New Hampshire are not eligible to obtain a hardship license.
What documentation and evidence are required when applying for a hardship license in New Hampshire?When applying for a hardship license in New Hampshire, the applicant must provide documentation and evidence of their need. This may include proof of employment, proof of enrollment in school, proof of financial hardship, and/or an affidavit from a person who can attest to the applicant’s need for the license. In addition to this documentation, the applicant must also provide a valid driver’s license, a valid driver’s record, and proof of attendance at a certified DWI/Drug Education Program. The applicant must also have had their license suspended for at least 30 days prior to applying for the hardship license.
Are hardship licenses subject to ignition interlock device (IID) requirements in New Hampshire?Yes, all hardship licenses issued in New Hampshire are subject to IID requirements.
Can individuals with a hardship license drive out of state in New Hampshire?No. A hardship license in New Hampshire allows individuals to drive only to and from certain places, such as work and school, and only within the state of New Hampshire. Out-of-state travel is not allowed.
What happens if a driver violates the terms and conditions of their hardship license in New Hampshire?If a driver in New Hampshire violates the terms and conditions of their hardship license, they may have their license revoked or suspended. Depending on the severity of the infraction, they may also face other penalties such as fines or jail time.
Is there a difference in hardship license eligibility for underage drivers in New Hampshire?Yes, there is a difference in hardship license eligibility for underage drivers in New Hampshire. Underage drivers who are at least 16 years old but younger than 18 may be eligible for a hardship license if they can demonstrate a need for a license due to employment, medical, or educational reasons.
How does a hardship license affect insurance rates in New Hampshire?In New Hampshire, a hardship license does not affect insurance rates. However, insurance companies may take into account the circumstances that caused the need for the license when determining a driver’s premium.
Are there specific procedures for appealing a hardship license denial in New Hampshire?Yes, there are specific procedures for appealing a hardship license denial in New Hampshire. The appeal must be made in writing to the Division of Motor Vehicles within 30 days of receiving the denial decision. The appeal must provide supporting documentation of the hardship and any additional information the Division requests. The Division will then review the appeal and respond with a decision.
Do hardship licenses have any impact on future DUI/DWI charges or penalties in New Hampshire?No, hardship licenses do not have any impact on future DUI/DWI charges or penalties in New Hampshire. This type of license, which is issued to suspended or revoked drivers who can prove that they have a need for special transportation, simply allows the driver to legally drive under specific circumstances. It does not reduce or impact any future DUI/DWI charges or penalties.
Are there resources or organizations that provide guidance on obtaining a hardship license in New Hampshire?Yes, there are resources and organizations that provide guidance on obtaining a hardship license in New Hampshire. The New Hampshire Department of Safety provides information on the application process, eligibility requirements, and other helpful resources here: https://www.nh.gov/safety/divisions/dmv/license-and-permit-guidelines/index.htm. Additionally, the National Motorists Association (NMA) offers free legal advice on hardship license issues, including New Hampshire: https://www.motorists.org/legal/.
What steps are required to transition from a hardship license back to a full, unrestricted license in New Hampshire?1. Complete any required suspension period.
2. Complete all necessary court or administrative requirements, such as paying fines or attending a hearing.
3. Obtain a certified driver history report from the New Hampshire Department of Safety.
4. Make sure your driving record is in good standing with no outstanding tickets or suspensions.
5. Submit a completed “Application for Restricted Driving Privileges” form to the Department of Safety, which includes any required documentation such as a driver history report, proof of financial responsibility, and proof of identity.
6. Attend an in-person hearing with the New Hampshire Department of Safety to discuss your application and the reasons why you should be granted full driving privileges.
7. Receive written notification from the Department of Safety that your application has been approved and that you may now drive without any restrictions.
8. Pay the applicable license reinstatement fees at a local DMV office.
9. Receive your new license in the mail and begin driving with full, unrestricted privileges.