1. (a) Upon conviction under RSA 265-A:2 or RSA 265-A:3 and pursuant to RSA 265-A:42 and RSA 265-A:39, I, a person who is a non-resident of the state of New Hampshire shall attend one of the following programs:

   1. (1) A phase II program in New Hampshire, as assigned by the court or the department;
   2. (2) Pursuant to RSA 265-A:42, I(b), a program comparable to a phase II program which is approved by the NH court or the NH department of safety; or
   3. (3) A comparable impaired driver intervention program offered by the U.S. armed services.
2. (b) If a non-resident chooses to attend a program in the state in which he or she lives to satisfy the requirement for driving privilege restoration pursuant to RSA 265-A:42, the client shall forward, or request the provider to forward, all necessary completion reports for such a program to the New Hampshire court of conviction and to the New Hampshire department of safety.
3. (c) Notwithstanding He-A 904.01(b) and (a) and (b) above, those clients who were sentenced under RSA 265-A:18 for an aggravated DWI offense or a multiple DWI offense shall not have the option of completing a program in accordance with (a)(2) or (3) above.

Source. #5252, eff 10-22-91, EXPIRED: 10-22-97 New. #7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08 New. #9082, eff 1-30-08 (from He-A 904.04 and He-A 904.05) amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10