TITLE XXI
MOTOR VEHICLES

CHAPTER 265-A
ALCOHOL OR DRUG IMPAIRMENT

Section 265-A:1

    265-A:1 Definitions. –
In this chapter:
I. "Authorized agent" means any agent or inspector certified by the commissioner, after training, to police the public waters of the state.
II. "Boat" means and includes every type of watercraft used or capable of being used as a means of transportation on the water.
III. "OHRV" means an off highway recreational vehicle as defined in RSA 259:69 or a snowmobile as defined in RSA 259:102.
IV. "Peace officer" means "peace officer" as defined in RSA 594:1 or any properly trained personnel of the United States Coast Guard.
V. "Operate," when used in relation to a boat, means to drive, paddle, row, or exercise control over any boat unless the boat is at anchor, docked, made fast, or moored.
VI. "Drive," or "attempt to drive," or "actual physical control" shall not include sleeping, resting, or sheltering in place in a vehicle parked in any place where parking is permitted, provided that the person is not seated at the controls of the vehicle.

[Paragraph VII effective January 1, 2026.]


VII. "Qualified online victim impact panel program" means any program that meets all of the following requirements:
(a) Offers 24 hour per day accessibility;
(b) Is offered in both English and Spanish;
(c) Provides all direct client support necessary for program completion;
(d) Requires the fee for the program to be paid for by the participant;
(e) Is available at no cost to the state of New Hampshire or to any county;
(f) Includes a non-judgmental presentation of a minimum of 8 personal, true stories shared by victims and offenders about the impact of alcohol, drugs, and illegal driving under the influence conduct upon their lives;
(g) Requires a minimum of 3 and 1/2 hours to complete;
(h) Provides a system for testing the participant's attention and comprehension multiple times during the program;
(i) Provides an individualized security check system for verifying the identity of program participants;
(j) Provides communications with participants 6 months after completing the program that reinforces the lessons of the program and encourages participants to live more responsibly; and
(k) Issues a certificate of completion to the participant upon satisfactorily fulfilling all attendance, payment, and program participation requirements. The certificate of completion shall contain the business identification number of the program provider. Participants and probation officers should have access to additional copies of the certificate as needed.

Source. 2006, 260:1. 2008, 316:1, eff. July 2, 2008. 2020, 20:1, eff. Sept. 15, 2020. 2025, 71:1, eff. Jan. 1, 2026.