An habitual offender is a person who has been certified so by the DMV Director. The DMV Director will certify any person an habitual offender who, within a 5 year period has:
- 3 or more major motor vehicle violations, such as DWI, driving while under suspension, reckless driving, displaying a false license, or road racing; or
- 12 or more MV convictions for lesser offenses, such as speeding or driving without a license; or
- a combination of major and minor motor vehicle offenses, which meet the habitual offender definition in RSA 259:39, III.
In most cases, driving after being certified by the NH DMV as an Habitual Offender is a felony, and is punishable by up to 5 years in state prison.
The mandatory minimum sentence is one year in county jail. However, in some circumstances, a person who is convicted of driving after being certified an habitual offender may be eligible to serve a portion of his or her sentence on electronic home confinement.
Click here for more information about Habitual Offender penalties.
We Can Help
If you are charged with driving after being certified an habitual offender, you should contact a lawyer as early as possible. You should find an experienced lawyer who can review your motor vehicle record, examine the legality of the motor vehicle stop leading to your arrest, and who has experience with these types of cases.
The lawyers at Samdperil & Welsh routinely represent clients who are accused of driving while being an habitual offender in New Hampshire. We also represent clients before the NH DMV at habitual offender certification hearings and at de-certification hearings.