Habitual Offender Penalties

The information on this website is for informational purposes only. You should consult with a lawyer to discuss the specific penalties applicable in your case.

If you are charged with Driving After Being Certified an Habitual Offender you should consult with a lawyer. The lawyers at Samdperil &Welsh, PLLC are experienced representing people charged with Habitual Offender and other motor vehicle offenses. Contact us for a free telephone consultation.

Habitual Offender


(Habitual Offender offenses may be charged as a misdemeanor only if there are no prior misdemeanor or DWI convictions on the person’s driving record)

Jail Sentence

Minimum: 12 months*

Maximum: 2-5 years at New Hampshire State Prison

* Special Sentencing Provisions, if applicable.

The sentencing court may order that any such offender may serve his or her sentence under home confinement pursuant to RSA 651:19 based on the rules and regulations of the county correctional facility where the sentence is to be served for the minimum mandatory term or any portion thereof, provided the offender first serves 14 consecutive days of imprisonment prior to eligibility for home confinement.

Habitual offenders shall only be eligible for the home confinement program once per lifetime. Any sentence of more than one year imposed pursuant to this paragraph shall be served in the state prison.


Up to $4,000.00.

Required Treatment

None required. However, the court may impose additional treatment and/or counseling conditions as well, including random urine tests.


None required. However, the court may order up to 5 years of probation in any felony case.

Your Best Defense Starts Here

For aggressive representation and practical legal advice, contact the experienced New Hampshire attorneys at Samdperil & Welsh, PLLC today.
Exeter, NH
(603) 775-7570
Portsmouth, NH
(603) 436-4901