New Hampshire DWI Driving Without a License
If a person is charged with a DWI in New Hampshire while driving without a license, there will be two separate charges that they are going to face. Similarly, if a person’s license is suspended and they pick up a DWI charge, they would be looking at two charges as well for operating after suspension of their license and for the DWI.
In addition to these individual charges, driving without a license can possibly be an aggravating factor to DWI charges as well. It depends on why the license was initially suspended. If it was suspended for another DWI, then a conviction for operating after a DWI suspension would add a one-year license loss on the driver and it adds a minimum of seven days up to a year in jail for the operating after a DWI suspension charge. If convicted of a misdemeanor driving after DWI revocation, the driver would also be required to install a device in their car upon the restoration of their New Hampshire driver’s license.
Unlicensed driving charges and DWI charges in New Hampshire are, if it is part of the same arrest, would be tried together in one trial. Due to this fact, it is important to work with a skilled New Hampshire DWI attorney who is also experienced with unlicensed driving charges.
Suspended vs. Unlicensed Drivers
The unlicensed driver is actually a better situation than a person who has been suspended because something caused that initial suspension, whether it was suspended for failing to pay a speeding ticket or child support, or and whether it was for another DWI charge.
If it was for another DWI charge, then the court will add a year of license loss on the driver if they are convicted of operating after DWI revocation. Also, it can increase the citizen’s sentences above the mandatory minimums because the court tends to look at as if the person will keep driving anyway, thereby causing somebody to get jailed for a longer period of time. Operating after a DWI revocation in New Hampshire can also trigger deportation proceedings for immigrants.
Aggravating Factors
The situation can be aggravated if a person’s license was suspended because of the DWI. If convicted, the driver gets an additional fine, usually $930, they get an extra year of license loss and a sentence of a mandatory ignition interlock device upon restoration in their car and there is a mandatory seven days in jail on those up to a year in jail. The penalties start to get incrementally more significant if the driver has a substantial New Hampshire or out of state motor vehicle record.
There are some major traffic offenses in New Hampshire, like a DWI or operating after suspension of any kind. If a driver gets convicted of three of the major motor vehicle offenses, they can be certified as a habitual traffic offender and they will lose their license for one to four years on top of whatever else happens.
For example, if the person had a DWI conviction, then they get this operating after suspension and then they are charged with another DWI, those would be the three major offenses. If convicted of all three charges, it would be all it takes for the driver to be qualified and certified as a habitual offender. The problem with that is that once a person is certified as a habitual offender, if they are caught driving after that, it is a felony in New Hampshire