Driving after a DUI in New Hampshire: the Limited Privilege License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Administrative License Suspension (RSA 265-A:30; Saf-C 2803): the officer serves immediate notice of suspension on form DSMV 426, effective 30 days after the date of service, takes the New Hampshire license and issues a temporary driving permit on the same form valid for the notice period (not issued to out-of-state licensees or drivers already suspended). If blood or urine results are not immediately available the DMV mails the notice, service is presumed 3 days after mailing, and a temporary permit for the balance of the notice period is issued on request before any review or hearing. Under RSA 265-A:31 the person may request in writing either an administrative review or a hearing (not both), stating the grounds (limited to those in RSA 265-A:31, II); a request received after 30 days from the date the notice is issued is denied as untimely, and the Bureau of Hearings FAQ states the req

“A request for either administrative review or hearing received by the department after 30 days from the date the notice is issued shall be denied as untimely.”

Who can get it, and how soon

The Department of Safety Bureau of Hearings states that New Hampshire has no form of restricted license for suspended or revoked drivers except a person who qualifies under RSA 263:57-b, that the petition must be filed with the court where the conviction took place, and that neither the Bureau nor the DMV can grant it. RSA 263:57-b applies only to a person convicted of a first offense under RSA 265-A:2, I (Saf-C 1014.02 defines first offense as the first and only conviction), not involving a commercial motor vehicle, who submits proof of financial responsibility and evidence of need (employment, seeking employment, treatment program, medical treatment, education, job training); the license cannot take effect until the license has been suspended or revoked, by criminal penalty or administrative suspension, for at least 45 days. It is therefore not available during the administrative licen

“The State of New Hampshire has no form of restricted license for persons who are suspended or revoked with the sole exception of an individual who qualifies for consideration under the provisions of Section 263:57-b Limited Driving Privilege After Revocation or Suspension.”

RSA 263:57-b, III: the limited privilege license is not effective until the person's license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days, and it expires on the date set by the court, not exceeding the court-ordered suspension period; the court form asks for the eligibility date 'at least 45 days from date of suspension or revocation'. The privilege also requires a conviction of a first offense under RSA 265-A:2, I, so during the administrative license suspension (6 months for a first test of 0.08 or more under RSA 265-A:30, effective 30 days after service) no privilege exists until conviction. Refusal: RSA 265-A:14 suspends for 180 days on a first refusal and that suspension does not run concurrently with any other penalty; the statute states no separate rule for the limited privilege after a refusal, so refusalDay

“A license issued under this section shall not be effective until the person's driver's license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days”

Conditions attached to the privilege

Court stage (RSA 263:57-b, I; form NHJB-2026-DSe): petition the court of conviction with proof of financial responsibility under RSA 265-A:28 and satisfactory evidence from the employer, program, medical facility, educational institution or other destination of at least one need: driving required by the occupation, driving to seek or reach employment, an alcohol or drug treatment program, regular medical treatment for the person or immediate family, continuing education, or job training; the petitioner acknowledges the ignition interlock program for the duration of the privilege and one year after full restoration (RSA 263:57-b, VI) and sends a copy to the prosecutor. DMV stage (Saf-C 1014.03): a completed form DSMV 450 Application for Driver License or Non-Driver ID Card; a certified court order with the court's certification on every page; proof of financial responsibility (Saf-C 1014.

“upon receipt of all of the following: (a) A completed form DSMV 450 Application for Driver License or Non-Driver ID Card, (rev. 06/23); (b) Certified order from a New Hampshire court, granting a petition for a limited privilege license”

Where and when it allows driving

Limited to the times, places and days the court determines necessary to seek or retain employment, attend an alcohol or drug treatment or rehabilitation program, continue education, attend job training, or obtain required medical treatment for the person or an immediate family member; the times, places and days are specifically stated; only vehicles equipped with enhanced technology ignition interlock devices; expires on the date set by the court, not beyond the suspension period. A violation is treated as driving after suspension under RSA 263:64 and the license is revoked.

“To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment”

How it is issued

A court issues the Limited Privilege License by order, which is then presented to the licensing agency.

Official page: courts.nh.gov

The statute: N.H. Rev. Stat. Ann. § 263:57-b

“if a person is convicted of a first offense under RSA 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for limited driving privileges.”