Habitual Offender Law Explained

The Habitual Offender Law was enacted to provide maximum safety for all persons who travel in New Hampshire, discourage repeated patterns of conviction and deny license and operating privileges to individuals who fail to respect and obey our laws.

Here is how someone can become a Habitual Offender:

 

1.       Any combination of 12 convictions for speed, yellow line, operating without a license or operating without proof of financial responsibility, or

2.       3 major convictions (see below), or

3.       1 major conviction and any combination of 8 of the convictions shown in item 1 above, or

4.       2 major convictions and any combination of 4 of the convictions shown in item 1 above, and

5.       These convictions must be within a 5 year period BASED ON DATE OF VIOLATION. (ANY 5 years - not just from current day backwards).

 

The most common Major violations are:                                  

*Driving while intoxicated (any such offense)

*Reckless driving

*Conduct After Accident              

*Operating after Revocation or Suspension                               

*Taking a vehicle without authority

*Disobeying a Police Officer

*School Bus Violation

​​

Minor violations include:

*Line violations

*Speeding tickets

*Operating Without a License

*Operating Without Required Insurance

​

If you are certified as a Habitual Offender you will be suspended from 1 to 4 years and you remain certified and under suspension until you are decertified following a decertification hearing.

 

IMPORTANT: If you are already certified as a Habitual Offender and under suspension and then are convicted of driving a motor vehicle in violation of your Habitual Offender Order you are subject to imprisonment for up to 5 years. This is a felony offense called Operation While Habitual Offender per statute RSA 262:23.