Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 265-A:38-a · Ignition Interlock Device Removal Protocol

Title
XXI: MOTOR VEHICLES
Chapter
265-A · ALCOHOL OR DRUG IMPAIRMENT
Status
current
Official source linked
Yes
Official source Copy section link

265-A:38-a Ignition Interlock Device Removal Protocol. –

Copy link
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:

Copy link
(a)

Operating a motor vehicle without an interlock device.

Copy link
(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.

Copy link
(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.

Copy link
(d)

An attempt to tamper with or circumvent the interlock device.

Copy link
(e)

A failed rolling retest in which the operator's breath alcohol concentration registered at or above 0.05.

Copy link
(f)

Two failed rolling retests within a single service period in which the operator's breath alcohol concentration registered above 0.03.

Copy link
(g)

Two lockouts due to missed rolling retests.

Copy link
(h)

Two missed service visits.

Copy link
(i)

More than one attempt to start the vehicle with a breath alcohol concentration of 0.05 or above.

Copy link
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.

Copy link
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.

Copy link
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.

Copy link
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.

Copy link
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. Source. 2014, 287:1, eff. Sept. 26, 2014. 2015, 118:4, 5, eff. Jan. 1, 2016. 2017, 244:4, eff. July 18, 2017. Impaired Driver Education Programs

Copy link

Source note

Source. 2014, 287:1, eff. Sept. 26, 2014. 2015, 118:4, 5, eff. Jan. 1, 2016. 2017, 244:4, eff. July 18, 2017. Impaired Driver Education Programs

Source history

  • 2014, 287:1, eff. Sept. 26, 2014
  • 2015, 118:4, 5, eff. Jan. 1, 2016
  • 2017, 244:4, eff. July 18, 2017. Impaired Driver Education Programs

Related materials

Bill relationships

  • 2026 HB1235 reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1235-FN reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1486 reference · effective 2027-01-01

    any insured solely because a spouse, household member, or relative by marriage has had their license suspended or revoked, or has been convicted of driving while intoxicated under RSA 265-A. II. No insurer shall require an insured to obtain a higher level of coverage, file proof of financial responsibility, or purchase any rider, endorsement, or policy solely because of the license status or driving rec

  • 2026 HB186 reference

    r does not have lawful grounds for arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II[,] or III[, or IV]. (d) Any person under 21 years of age

  • 2026 HB186-FN-A reference

    8-F:21 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 SB651 reference

    8-F:17 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 SB651-FN-A reference

    8-F:17 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2025 HB198 reference

    workplace or to affect the ability of employers to have policies restricting the use of cannabis by employees. (b) Be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. (c) Be construed to permit the transfer of cannabis, with or without remuneration,