Driving on a suspended license in New Hampshire is a criminal offense that carries jail time, fines, and license consequences
If your license is suspended in New Hampshire, you cannot legally drive any vehicle on public roads. Driving anyway is a separate crime from whatever caused the suspension in the first place. The state treats this as a criminal matter, not just a traffic violation, which means you face arrest, a criminal record, and penalties that stack on top of your original suspension.
The consequences depend on how many times you have been caught driving with a suspended license and whether your suspension was for a serious reason like a DUI conviction or a routine matter like unpaid fines. Even a first offense carries mandatory jail time in most cases.
Key Takeaways
- Driving on a suspended license in New Hampshire is a criminal offense, not a traffic ticket, and results in arrest and a criminal record.
- A first offense carries a minimum of 30 days in jail, a fine of $500 to $1,000, and an additional license suspension period.
- A second offense within five years carries a minimum of 120 days in jail and a fine of $1,000 to $2,000.
- You can request a work-only license (also called a hardship license) from the New Hampshire Department of Safety, Division of Motor Vehicles, but only if your suspension was not for a DUI or refusal to take a breath test.
- The best way to resolve a suspension is to contact the DMV directly to find out why your license was suspended and what steps will restore it.
Why your license gets suspended in New Hampshire
Your license can be suspended for several reasons. The most common are unpaid traffic fines, failure to pay child support, a DUI or refusal to take a breath test, accumulating too many points from traffic violations, or failing to maintain car insurance. Some suspensions are automatic — for example, a DUI conviction triggers a mandatory suspension. Others happen because you did not respond to a court order or a DMV notice.
The reason matters because it determines whether you can get a work-only license and how long the suspension lasts. A suspension for unpaid fines might last until you pay them. A DUI suspension is typically longer and cannot be shortened with a work-only license.
If you are not sure why your license was suspended, call the New Hampshire DMV at 603-271-2411 or visit their website at dmv.nh.gov. They can tell you the exact reason and what you need to do to restore it.
Criminal penalties for driving with a suspended license
Driving on a suspended license is charged under New Hampshire RSA 263:64. A first offense is a misdemeanor and carries a minimum of 30 days in jail, a fine of $500 to $1,000, and an additional suspension of your license for at least one year. You will also have a criminal record.
A second offense within five years is more serious. The minimum jail sentence is 120 days, the fine is $1,000 to $2,000, and your license is suspended for at least two years. A third or subsequent offense within five years carries a minimum of 180 days in jail and a fine of $2,000 to $5,000.
These are minimums. A judge can impose longer jail sentences and higher fines. If you caused an accident or injured someone while driving on a suspended license, the charges and penalties are much more severe.
How to request a work-only license
If your license was suspended for a reason other than a DUI or refusal to take a breath test, you may be able to get a work-only license (also called a hardship license or restricted license). This allows you to drive only to and from work, to medical appointments, or to court-ordered programs like alcohol treatment.
To request a work-only license, you must go in person to a New Hampshire DMV office. Bring your current ID, proof of employment (a letter from your employer stating your work schedule), and proof of insurance. You will also need to pay a fee, which varies depending on the reason for your suspension.
The DMV will review your request and decide whether to grant it. There is no may provide. If your suspension was for unpaid fines, you may need to show proof that you have started a payment plan. If your suspension was for failure to maintain insurance, you must show proof of current coverage.
A work-only license does not restore your full driving rights. You can only drive during the hours and for the purposes listed on the license. Driving outside those limits is still a criminal offense.
Steps to restore your license
The process to restore your license depends on why it was suspended. Start by calling the DMV at 603-271-2411 to confirm the reason and what you need to do.
If your suspension was for unpaid fines, you need to pay them in full or set up a payment plan with the court. Once the court confirms payment, the DMV will be notified and your license will be restored.
If your suspension was for failure to maintain insurance, you need to obtain a current insurance policy and provide proof to the DMV. You may also need to pay a reinstatement fee.
If your suspension was for a DUI, the process is longer. You must wait out the mandatory suspension period (which varies based on the conviction), complete a substance abuse treatment program if ordered by the court, and pay any fines. You may also need to install an ignition interlock device in your vehicle. Only after all these steps are complete can you request a license restoration hearing.
If your suspension was for accumulating too many points, you need to wait out the suspension period. You cannot shorten it by taking a defensive driving course, though taking one may help when you explore for restoration.
What to do if you have been arrested for driving with a suspended license
If you are arrested for driving on a suspended license, you will be taken to a police station or jail for booking. You have the right to remain silent and the right to speak with a lawyer. Exercise both of these rights when ready.
Do not answer questions about why you were driving or where you were going. Anything you say can be used against you in court. Ask for a lawyer before you answer any questions.
At your first court appearance, the judge will set bail or release conditions. If you cannot afford a lawyer, you can request a public defender. The court will appoint one if you meet the income requirements.
A criminal conviction for driving on a suspended license will appear on your record and can affect employment, housing, and insurance. It is important to take this seriously and work with a lawyer to understand your options.
How a suspended license affects your insurance and vehicle registration
If your license is suspended, your car insurance may be cancelled or non-renewed. Insurance companies regularly check license status, and many will drop you automatically if your license is suspended.
Your vehicle registration can also be affected. If your suspension was for failure to maintain insurance, the DMV may suspend your registration as well. You cannot legally register a vehicle if your license is suspended for certain reasons, including DUI convictions.
Even if your registration remains valid, you cannot legally drive the vehicle. Driving with a suspended license is a crime regardless of whether your registration is current.
Frequently Asked Questions
Can I drive to the DMV to restore my license if my license is suspended?
No. Driving on a suspended license is a crime, even if you are driving to the DMV to fix the problem. Have someone else drive you, take a taxi or rideshare service, or use public transportation. If you are arrested on the way to the DMV, the fact that you were trying to restore your license will not prevent charges.
What if I did not know my license was suspended?
Lack of knowledge is not a defense to driving on a suspended license in New Hampshire. The DMV sends notices by mail to the address on file with your license. If you moved and did not update your address, that is your responsibility. If you did not receive a notice, you still have a legal duty to check your license status before driving.
Can I get a work-only license if my suspension was for a DUI?
No. New Hampshire law does not allow work-only licenses for suspensions related to DUI convictions or refusals to take a breath test. You must wait out the full suspension period, complete all court-ordered programs, and then request a full license restoration.
How long does it take to restore a suspended license?
It depends on the reason for suspension. If you pay unpaid fines, restoration can happen within days once the court notifies the DMV. If your suspension was for a DUI, the process takes months or longer because you must complete treatment programs and wait out the mandatory suspension period. Contact the DMV for a specific timeline based on your situation.
Will a suspended license suspension show up on a background check?
A criminal conviction for driving on a suspended license will appear on background checks. The suspension itself may also appear on driving records that employers and insurance companies can access. This is separate from your criminal record and can affect employment and insurance rates.