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RSA 263:64 · Driving After Revocation or Suspension

Title
XXI: MOTOR VEHICLES
Chapter
263 · DRIVERS' LICENSES
Status
current
Official source linked
Yes
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263:64 Driving After Revocation or Suspension. –

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I.

No person shall drive a motor vehicle upon a way in this state while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued.

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II.

A person who drives a motor vehicle upon a way in this state while such person's license or driving privilege is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person's last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.

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III.

A person who obtains or possesses an out-of-state license after such person's New Hampshire license or driving privilege has been revoked does not revive his or her driving privilege by having such out-of-state license, and such person shall be guilty of violating this section if he or she drives upon a way in the state while his or her New Hampshire license or driving privilege is suspended or revoked.

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IV.

Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle upon a way or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.

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V.

Notwithstanding the definition of "revocation" in RSA 259:90 and the definition of "suspension" in RSA 259:107, the phrase "period of suspension or revocation" as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. "Period of suspension or revocation" shall include the period specifically designated and until the restoration of the person's driver's license or privilege to drive. V-a. (a) Except as provided in subparagraph (b), any person who drives a motor vehicle upon a way in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury, as defined in RSA 625:11, VI, to any person, shall be guilty of a class B felony, where such person's unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.

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(b)

A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 263:14 only shall be guilty of a misdemeanor.

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(c)

A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.

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VI.

Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.

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VII.

Except as provided in paragraphs IV, V-a, and VI, any person who violates the provisions of this section shall be guilty of a violation, and shall be fined a minimum of $250 for a first offense and $500 for a second or subsequent offense. Source. RSA 262:27-b. 1967, 281:1. 1969, 107:1. 1973, 248:1; 528:139. 1978, 39:1; 40:14. 1981, 146:1. 1983, 214:1; 373:3; 431:20. 1986, 35:1. 1987, 396:3. 1989, 189:1-3. 1993, 272:1. 1994, 291:1. 1997, 314:1, 5. 1999, 139:1-3. 2002, 136:3, 4. 2005, 177:48; 210:46. 2006, 260:22. 2008, 62:2. 2012, 77:3, eff. Jan. 1, 2013. 2022, 248:1, 2, eff. Jan. 1, 2023. 2024, 328:4, eff. Jan. 1, 2025.

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Source note

Source. RSA 262:27-b. 1967, 281:1. 1969, 107:1. 1973, 248:1; 528:139. 1978, 39:1; 40:14. 1981, 146:1. 1983, 214:1; 373:3; 431:20. 1986, 35:1. 1987, 396:3. 1989, 189:1-3. 1993, 272:1. 1994, 291:1. 1997, 314:1, 5. 1999, 139:1-3. 2002, 136:3, 4. 2005, 177:48; 210:46. 2006, 260:22. 2008, 62:2. 2012, 77:3, eff. Jan. 1, 2013. 2022, 248:1, 2, eff. Jan. 1, 2023. 2024, 328:4, eff. Jan. 1, 2025.

Source history

  • 1967, 281:1
  • 1969, 107:1
  • 1973, 248:1; 528:139
  • 1978, 39:1; 40:14
  • 1981, 146:1
  • 1983, 214:1; 373:3; 431:20
  • 1986, 35:1
  • 1987, 396:3
  • 1989, 189:1-3
  • 1993, 272:1
  • 1994, 291:1
  • 1997, 314:1, 5
  • 1999, 139:1-3
  • 2002, 136:3, 4
  • 2005, 177:48; 210:46
  • 2006, 260:22
  • 2008, 62:2
  • 2012, 77:3, eff. Jan. 1, 2013
  • 2022, 248:1, 2, eff. Jan. 1, 2023
  • 2024, 328:4, eff. Jan. 1, 2025
  • RSA 262:27-b

Related materials

Bill relationships

  • 2026 HB1111 amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1111-FN amend

    s to request accommodations and to verify eligibility, including provision for documentation review and notification of decision. 3 New Section; Retest Suspension Reform. Amend RSA 263 by inserting after section 7-a the following new section: 263:7-b Retest Suspension Reform. I. Any applicant who fails the driving portion of the license examination 3 or more times shall be subject to an administra

  • 2026 HB1410 reference · effective 2026-07-01

    ss one was not originally installed by the manufacturer. V. Operators of OCEVs shall: (a) Hold a valid operator’s license in accordance with RSA 263:1; and (b) Be subject to RSA 263:64 if operating an OCEV upon a public way while under license suspension or revocation. 265:144-c Designated Use and Age Restrictions for Out-of-Class Electric Vehicles. I. OCEVs may be operated only in designated

  • 2026 HB1410-FN reference · effective 2026-07-01

    ss one was not originally installed by the manufacturer. V. Operators of OCEVs shall: (a) Hold a valid operator’s license in accordance with RSA 263:1; and (b) Be subject to RSA 263:64 if operating an OCEV upon a public way while under license suspension or revocation. 265:144-c Designated Use and Age Restrictions for Out-of-Class Electric Vehicles. I. OCEVs may be operated only in designated

  • 2026 HB414 reference

    n offense under the provisions of this title, after [due hearing] a hearing where the driver had reasonable notice of the possibility of license suspension prior to the hearing, for any cause not prohibited in RSA 263, which he or she may deem sufficient. 3 Effective Date. This act shall take effect 60 days after its passage. LBA 25-0886 1/2/25 HB 414-FN- FISCAL NOTE AS INTRODUCED AN ACT prohibiting the division of motor ve

  • 2026 HB414-FN amend

    otor vehicle. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; License Suspension; Failure to Pay Fines and Fees. Amend RSA 263 by inserting after section 56-g the following new section: 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend, revoke, or fail to renew a d

  • 2026 HB452 add

    ions specified in paragraph I, the person shall forthwith return the license to the director and the license shall become invalid. 3 New Section; Driver's License Issuance to Nonresident Aliens: Asylees. Amend RSA 263 by inserting after section 263:39-b the following new section: 263:39-c Driver's License Issuance to Nonresident Alien Asylees. Notwithstanding RSA 263:39-a, the commissioner shall not issue a driver's license

  • 2026 HB452-FN amend

    e person shall forthwith return the license to the director and the license shall become invalid. 3 New Section; Driver's License Issuance to Nonresident Aliens: Asylees. Amend RSA 263 by inserting after section 263:39-b the following new section: 263:39-c Driver's License Issuance to Nonresident Alien Asylees. Notwithstanding RSA 263:39-a, the commissioner shall not issue a driver's license to a p

  • 2026 SB39 amend · effective 2026-01-01

    state. This authority shall apply uniformly over both secondary school courses and private motor vehicle drivers' school courses. 2 New Section; Driver Training Program. Amend RSA 263 by inserting after section 19 the following new section: 263:19-a Driver Training Program. I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who ha

  • 2026 SB39-FN amend · effective 2026-01-01

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  • 2026 SB617 amend · effective 2027-01-01

    safety bureau of hearings and thereafter to the superior court in accordance with RSA 106-B:31, XIV. 14 New Section; License Suspension; Failure to Pay Fines and Fees. Amend RSA 263 by inserting after section 56-g the following new section: 263:56-h License Suspension Prohibited for Unpaid Towing or Storage Fees. I. Under no circumstances shall the director suspend or revoke a driver's lice

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