Consequences to New Hampshire Licensee of DUI Conviction in Vermont:
A Vermont conviction for DUI or Civil License Suspension will result in a 9 month New Hampshire driver's license suspension. However, if the New Hampshire operator enrolls in the CRASH Alcohol Driver Safety Program, or the New Hampshire equivalent, and completes either course, the suspension can be reduced to 90 days after Vermont driving privileges are reinstated. The date of conviction is the date of the New Hampshire suspension. If a New Hampshire driver receives a Vermont Civil License Suspension from a DWI, New Hampshire will suspend for 90 days, the same period as Vermont.
However, New Hampshire gives a 30 day grace period, so if the operator completes Project CRASH and gets reinstated in Vermont, the New Hampshire suspension could be shortened to 45 to 60 days depending upon when New Hampshire receives notice of the Vermont suspension. This 30 day grace period also applies where a New Hampshire driver receives a Vermont conviction for Negligent Operation, a 30 day suspension, meaning that with the 30 day grace period, if the New Hampshire driver is reinstated in Vermont after 30 days, there may not be any New Hampshire suspension at all for this.
New Hampshire has a more stringent reinstatement CRASH equivalency course - so, it is better to complete the New Hampshire program from start to finish - rather than Vermont's, as you would end up having to finish up New Hampshire's requirements anyway. Often, clients will complete the weekend course in Vermont out of convenience, but it's not going to be fully accepted by New Hampshire.
New Hampshire now has a "limited license" program that will truncate the suspension to 45 days..."limited" meaning the person can go to/from work, MD(including alcohol counselors), school. This must be petitioned through a New Hampshire court, though, so the sooner you sign up the more likely you will benefit. This necessitates the installation of an interlock device.
ISSUES FOR NEW HAMPSHIRE LICENSED DRIVERS CHARGED WITH DUI IN VERMONT
- NH licensed driver will receive same penalty as if offense occurred in NH. -Saf-C 204.01(c)
-Saf-C 204.07 (a)
-RSA 263:77 (Driver License Compact)
-RSA 265-A:26 - NH DWI License Penalties:
-RSA 265-A:18 (Penalties for Intoxication of Under Influence of Drugs Offenses)
I(a) DWI #1: Class B Misdemeanor; 9 month-2 year suspension, court discretion to suspend 6 months of suspension.
I(b) Agg. DWI (Speed/A TE/BAC): Class A misdemeanor; 18 month-2 year suspension, court discretion to suspend 6 months of suspension.
I(c) Agg. DWI (SBI/Fatality): Class B felony; 18 month-2 year suspension, court discretion to suspend 6 months of suspension.
III. Person Under Age 21: Minimum 1 year suspension.
IV. Conviction based on a complaint alleging prior convictions within previous 10 years:
- DWI #2: Class A misdemeanor; 3 year suspension.
- DWI #3: Class A misdemeanor: LIFE suspension, eligible for reinstatement
after 5 years. - DWI #4: Felony; LIFE suspension, eligible for reinstatement after 7 years.
- DWI #3/Subsequent if prior involved fatality: Felony; LIFE suspension,
eligible for reinstatement after 10 years.
VI. Conviction not based upon a complaint alleging prior convictions, but record indicates prior conviction within previous 10 years: 1-3 year suspension, court discretion to suspend 6 months of suspension.-Saf-204.07(c): DUI #1 with no prior convictions within previous 10 years: 9 month suspension, court discretion to suspend 6 months of suspension.
-Saf-C 204.07(d): DUI #1 but record indicates prior conviction within previous 10 years: 1 year suspension, DMV discretion to suspend 6 months of suspension.
-NOTE: In practice, because suspensions in NH are imposed by the court and not the DMV, the NH DMV appears to honor the suspension period imposed by VT for first time DUI offenders with no prior record.
- Effective date of suspension is date of final conviction. Saf-C 204.01(d) & 204.07(b).
- Reinstatement Requirements:
-CRASH or IDIP (Impaired Driver Intervention Program). RSA 263:65-a, RSA 265-A:18 & Saf-C 205.04.
-Proof of Financial Responsibility (SR-22). RSA 263:71-a, RSA 265-A:28 & Saf-C 205.04.
-
All out-of-state suspensions must be cleared. Saf-C 205.04(a)(10).
