New Hampshire
Driver Information By State
Every state regulates driver's license eligibility of persons with certain medical conditions. The most common requirement for people with epilepsy is that they be seizure free for a specific period of time and submit a physician's evaluation of their ability to drive safely. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed.
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| Law | New Hampshire |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | No |
| Seizure-Free Period | 1 year, less at discretion of DMV |
New Hampshire Driver Licensing Laws
A person with epilepsy who’s driving privileges have been suspended, can be reconsidered if the individual submits the following to the department: (1) current statement of case history, (2) a current medical evaluation by the treating physician (which includes diagnosis, treatment, prognosis, relationship to patient’s driving ability, evidence the person is seizure free for twelve months). N.H. CODE ADMIN. R. SAF-C 205.08 (2020). Instead of the medical evaluation described above, a medical evaluation that indicates no reoccurrence of the condition does not render the person a hazard to public safety. N.H. CODE ADMIN. R. SAF-C 205.08 (2020).
A license may be suspended or revoked without a hearing because of a person's physical incompetency could result in immediate harm to the public. N.H. CODE ADMIN. R. SAF-C 204.02 (2020). If a license is suspended for this reason, the driver, upon their written application, shall be granted a hearing within fifteen days after filing the application. N.H. REV. STAT. ANN. § 263-59 (2020). A request for a hearing may be made at any time. If the revocation or denial is sustained by the hearing officer, an individual may appeal the decision within thirty days to superior court in the county where the individual resides. N.H. REV. STAT. ANN. § 263-75, 263-76 2020). A state hearing examiner along with the Medical Advisory Board review any medical information submitted. N.H. REV. STAT. ANN. § 263:6-b (2020). Restricted licenses are available. N.H. REV. STAT. ANN. § 263:13 (2020).
Commercial Driving
New Hampshire has adopted the federal Department of Transportation medical criteria for issuing commercial drivers licenses. N.H. REV. STAT. ANN § 263-87 (2020). An applicant’s driving record must be free of license revocations or suspensions for two years prior to applying. N.H. REV. STAT. ANN § 263-87 (2020).
New Hampshire Identification Card
For a $10.00 fee, resident non-drivers over the age of 12 may obtain a picture identification card bearing their name, address, social security number, date of birth, blood type (optional), picture, and signature. The card is valid for 5 years from the date of issuance. N.H. REV. STAT. ANN. § 260:21 (2020).
New Hampshire Reporting
There is no provision requiring physicians to report individuals they treat or diagnose as having epilepsy to a central agency. No civil or criminal action may be brought against any member of the medical advisory board who in good faith advises the director regarding licensure. N.H. REV. STAT. ANN. § 263:6-b (2020).
© 2020 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2020. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.