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Getting pulled over while your license is suspended or revoked can turn a paperwork problem into a criminal case. Depending on why your license was suspended, a driving after suspension (DAS) charge can mean mandatory jail, another year without a license, and points that push you toward habitual offender status. Attorney Levasseur has defended New Hampshire drivers for 24 years.
Driving After Revocation or Suspension (RSA 263:64)
RSA 263:64 makes it an offense to drive in New Hampshire while your license or privilege to drive is suspended or revoked, whether by NH DMV, an NH court, or the state that issued your license. Proof that the suspension notice was mailed to your last known address on file with DMV is treated as evidence that you were notified. Getting an out-of-state license does not restore a revoked New Hampshire privilege.
How serious the charge is depends on the reason for the underlying suspension and your history:
- Most first offenses: a violation, with a minimum fine of $250 ($500 for a second or subsequent offense).
- Prior DAS within 7 years: charged as a misdemeanor when the complaint alleges a prior DAS conviction within the preceding 7 years.
- Suspended for reckless driving (RSA 265:79): a misdemeanor.
- Suspended for DWI, aggravated DWI, certain negligent homicide, or certain conduct-after-accident offenses: a misdemeanor with a mandatory minimum of 7 consecutive 24-hour periods in jail, a fine of up to $1,000, and an additional one-year revocation. The court cannot suspend the minimum jail time.
Driving Without a Valid License (RSA 263:1)
Driving with a license that expired no more than 12 months ago is a violation for a first offense and a class B misdemeanor for a second or subsequent offense. Driving when you have never been licensed is a class B misdemeanor.
Why a DAS Conviction Matters Beyond the Fine
A DAS conviction under RSA 263:64 is one of the offenses that counts toward habitual offender certification under RSA 259:39. Three qualifying convictions in five years can lead to a one-to-four-year revocation, and driving after that is a felony. A DAS case is often the moment to deal with the underlying suspension too, such as unpaid fines, missing paperwork, or an SR-22 requirement.
Massachusetts and Out-of-State Drivers
If your Massachusetts license is suspended and you are stopped in New Hampshire, you can be charged here. New Hampshire and Massachusetts share driving records through the Driver License Compact, so an NH conviction is reported to your home state, which applies its own rules.
What Happens Next
Attorney Levasseur will review why your license was suspended, whether you were properly notified, whether the suspension was still in effect on the date of the stop, and how the charge was written. Every case is different, and no lawyer can promise an outcome, but knowing these facts before your arraignment matters.
Areas Served
Attorney Levasseur defends drivers in Manchester, Nashua, Salem, Derry, Londonderry, Merrimack, Portsmouth, and courts throughout Hillsborough County and Rockingham County. He also represents Massachusetts drivers, including from Lowell and the Merrimack Valley, who are charged in New Hampshire.
Driving After Suspension FAQs
Is driving with a suspended license a crime in NH?
It depends. Many first offenses are violations with a $250 minimum fine, but RSA 263:64 makes it a misdemeanor when you have a prior DAS conviction within 7 years or the suspension was for reckless driving, DWI, or certain other serious offenses.
Is there mandatory jail for driving after a DWI suspension?
Yes. Driving while suspended for DWI or aggravated DWI carries at least 7 consecutive 24-hour periods in jail, a fine of up to $1,000, and an additional one-year revocation under RSA 263:64, IV.
I never got the suspension notice. Does that matter?
It may. A notice mailed to your last known address on DMV records is treated as evidence you were notified, but the facts around the notice and the suspension dates are worth reviewing with a lawyer.
What if I have never had a license?
Driving without ever having been licensed is a class B misdemeanor under RSA 263:1, III.
How much does a consultation cost?
The first consultation is free. Fees for handling your case are explained in a written fee agreement you will review before deciding anything.
Will I actually talk to the lawyer when I call?
Yes. That is what Not a Bot!™ means. Attorney Levasseur answers his own phone, and office calls ring through to his cell. If he is in court or with a client, leave a message and he will call you back.
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Talk to a New Hampshire Driving After Suspension Lawyer Today
Before you plead, pay, or go to court, call Attorney Joseph Kelly Levasseur at 603-622-7575 or visit our contact page. Office: 396 S Willow St, Manchester, NH 03103. 24 years in practice.
Free consultation. Fees for handling your case are explained in a written fee agreement before you decide anything.
This page is attorney advertising and provides general information, not legal advice. Penalties described are under current New Hampshire law and may change. Contacting the office does not create an attorney-client relationship. Past outcomes do not predict future results.