Being certified as a habitual DWI offender can turn your life upside down–New Hampshire’s Habitual Offender statute is one of the most stringent in the nation. Once the Department of Safety designates you as a habitual offender, you risk losing your driving privileges for as many as four years. In a largely rural state such as New Hampshire, having no driver’s license for such a prolonged period can have a devastating impact on your livelihood and family life. Moreover, if you are caught operating a vehicle during the period of suspension, you may face one year to five years in state prison sentence.
Given the potentially enormous impact of these repercussions on your life, it’s vital to have experienced New Hampshire DWI lawyers by your side if facing a habitual DWI offender certification. The skilled lawyers of Tenn And Tenn, P.A. are prepared to help. We’ll talk you through all the potential consequences of habitual offender certification, discuss your options, and fight for the most favorable outcome possible. Contact us today at 888-511-1010 or contact us online today for a free consultation. We represent people throughout the state, from Manchester to Bedford to Concord.
What Leads to Being Classified as a Habitual Offender?
Although the name “habitual offender” may sound as if you’re a master criminal of some sort, a habitual offender is essentially someone with a strikingly poor driving record. New Hampshire’s Department of Safety defines a habitual offender as “a driver who has accumulated a certain number of convictions for major and minor offenses” under New Hampshire’s Habitual Offender statute. Twenty-two major offenses may count toward an individual’s habitual offender status, including:
- DWI
- Reckless operation of a vehicle
- Negligent operation of a vehicle
- Operating a vehicle after license suspension or revocation
- Unauthorized use of a vehicle
- Possession of controlled drugs in the vehicle
- Leaving the scene of an accident
- Failing to obey a police officer
- Illegally passing a school bus
Any three of the 22 major offenses within a five-year period will result in the driver being certified as a habitual offender. In addition, habitual offender status can result from the following offenses accumulated within the past five years:
- Any combination of 12 convictions for minor offenses (e.g., speeding, driving without a license, crossing the yellow center line, failing to show proof of insurance).
- One major conviction, along with eight minor offense convictions.
- Two major convictions, along with four minor offense convictions.
Note that four minor offenses equate to one major offense. Also, if two or more major convictions come from a single criminal prosecution, and there are no previous major offenses within the past five years, the multiple convictions will be considered as a single major offense.
How Will I Know If I’ve Been Certified as a Habitual Offender?
If you’ve met the minimum threshold of offenses, New Hampshire’s DMV will send you a notice of hearing to determine whether you will be certified. At this point, it’s urgent to speak with an experienced New Hampshire DWI lawyer. Depending on the facts of your particular situation, your lawyer might be able to fight to get one of the convictions overturned. For example, if a court reported the offense to the DMV by accident, you might be able to be decertified. Your lawyer can also represent you during your hearing and fight or negotiate for a shorter certification period.
What Happens After I’m Certified as a Habitual Offender?
You will retain the habitual offender status for the length of time decreed by the Hearing Examiner. The Examiner may require you to take certain rehabilitative courses, such as a substance abuse course or a driving course, before being decertified. You won’t be decertified until you petition for removal of the status and receive a hearing order decreeing removal of the status. Remember that even if your period of certification has passed, you will not be permitted to drive until after you have been formally decertified.
Are There Special Circumstances for Habitual DWI Offenders?
If multiple DWI convictions have triggered your habitual offender status, you will face penalties associated with those convictions–in addition to having the habitual offender status. If you’ve had more than one DWI conviction, you will face a mandatory jail sentence and must attend a state-approved DUI residential treatment program. The Hearing Examiner for the habitual offender certification might also be less likely to be lenient about the length and terms of your certification status.
Experienced DWI Attorneys in New Hampshire Can Help
If the DMV has notified you that you must attend a Habitual Offender hearing or you suspect that you are getting close to that status, talk to an experienced New Hampshire DWI lawyer as soon as possible. Tenn And Tenn, P.A. has represented drivers facing habitual offender status throughout New Hampshire, including Lebanon, Concord, Derry, and beyond. We understand the seriousness of the consequences you face and will fight for fairness and the best outcome possible on your behalf. Contact us today at 888-511-1010 or online for your free evaluation.