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After a DWI, many New Hampshire drivers must use an ignition interlock device (IID) to get back on the road. A missed calibration, a failed breath sample, or an accusation of tampering can lead to a new suspension and even contempt of court. Attorney Levasseur has handled New Hampshire DWI and license cases for 24 years.
When an Interlock Is Required
Courts and DMV can order an interlock after the license revocation for certain offenses, including DWI and aggravated DWI. The device must be installed by an approved provider, which reports data to DMV and can share it with prosecutors and probation. Requirements and length depend on your offense and record.
Interlock Violations (RSA 265-A:38)
Under RSA 265-A:38, when DMV gets an affidavit that you violated an interlock order, a hearing is scheduled within 14 business days, and DMV can suspend your driving privilege right away if it finds probable cause. Violations can include:
- Not installing the device as ordered
- Failing, without reasonable cause, to keep up with maintenance or calibration
- A consistent pattern of failed breath tests ("blowing hot")
- Tampering with or circumventing the device, or an unauthorized engine start
- A power disconnect of more than 15 minutes
Possible Penalties
- A further suspension or revocation of up to 12 months, added to any existing one
- A court contempt hearing, with possible jail time of up to 6 months on a finding of contempt
- Your license not being restored until DMV is satisfied you are in compliance
Driving without a required interlock or while suspended can also bring separate charges, including driving after suspension.
What Happens Next
Interlock reports can be wrong: mouthwash, food, device malfunctions, and calibration problems can all cause readings. Illness, hospitalization, and incarceration are recognized reasons for missing service. Attorney Levasseur can review the device data and prepare for the hearing. No lawyer can guarantee a result, but the hearing comes fast, so call early.
Areas Served
Attorney Levasseur defends drivers in Manchester, Nashua, Salem, Derry, Londonderry, Merrimack, Portsmouth, and courts throughout Hillsborough County and Rockingham County. He also represents Massachusetts drivers, including from Lowell and the Merrimack Valley, who are charged in New Hampshire.
Ignition Interlock FAQs
What happens if I fail an interlock test in NH?
A consistent pattern of failed tests can be reported to DMV as a violation. After a hearing, DMV may order a further suspension or revocation of up to 12 months under RSA 265-A:38.
How fast is the interlock violation hearing?
RSA 265-A:38 requires a hearing within 14 business days of the violation notice, and DMV can suspend your privilege before the hearing on probable cause.
Can I go to jail for an interlock violation?
A court can hold a contempt hearing, and on a finding of contempt can impose up to 6 months in a county jail.
What if I missed a calibration because I was sick?
The law recognizes reasonable cause, including illness, hospitalization, or incarceration, for failing to keep up with maintenance or calibration.
How much does a consultation cost?
The first consultation is free. Fees for handling your case are explained in a written fee agreement you will review before deciding anything.
Will I actually talk to the lawyer when I call?
Yes. That is what Not a Bot!™ means. Attorney Levasseur answers his own phone, and office calls ring through to his cell. If he is in court or with a client, leave a message and he will call you back.
Related Pages
Talk to a New Hampshire Ignition Interlock Lawyer Today
Before you plead, pay, or go to court, call Attorney Joseph Kelly Levasseur at 603-622-7575 or visit our contact page. Office: 396 S Willow St, Manchester, NH 03103. 24 years in practice.
Free consultation. Fees for handling your case are explained in a written fee agreement before you decide anything.
This page is attorney advertising and provides general information, not legal advice. Penalties described are under current New Hampshire law and may change. Contacting the office does not create an attorney-client relationship. Past outcomes do not predict future results.