Appealing Your License Suspension in New Hampshire

If your New Hampshire drivers license has been suspended, you have the right to appeal the suspension in an effort to try to get your license reinstated. This appeal must be made within 30 days of the license suspension. The request must be made in writing and must explain your grounds for the appeal. A statement of evidence that you wish the administrative board to consider must also be included with your appeal.

The appeal will be limited to considering the following information according to the New Hampshire statute 265:31 section two:

(a) Whether the officer had reasonable grounds to believe the arrested person had been driving, attempting to drive, or was in actual physical control of a vehicle upon the ways of this state or operating or attempting to operate a boat on the waters of this state or was driving, operating, attempting to operate, or in actual physical control of an OHRV while under the influence of intoxicating liquor, narcotics, or drugs; (b) The facts upon which the reasonable grounds to believe such are based; (c) Whether the person had been arrested; (d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more, or, in the case of a person under 21 years of age, 0.02 or more; (e) Whether the officer informed the arrested person of his or her right to have a similar test or tests conducted by a person of his or her own choosing; and (f) Whether the officer informed the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the alcohol concentration level specified in R.S.A. 265-A:2 or R.S.A. 265-A:3 would also result in suspension.

A decision will be received within 15 days of the hearing, and you can even appeal the decision if it is not favorable. Your license will not be reinstated during the appeal process - it will remain revoked.

If you do not appeal, your license suspension is automatic. For this reason, it is important to appeal the suspension because, once revoked, you will most likely have your license suspended for six months for a first offense and two years for any subsequent offenses.

What if I have a License from Another State?
If you have a suspended driver's license from another state and you attempt to drive in New Hampshire, you will be found guilty of a misdemeanor. If  you are involved in an injury accident and have a suspended license, however, you can be charged with a felony. If your New Hampshire driver's license has been suspended and you attempt to obtain or already possess a driver's license from another state, you will also be found guilty of a misdemeanor or of a felony if you are involved in an injury-causing accident.

After Your License Is Reinstated
Once you have served the suspension and your license is reinstated, you will be issued a probationary license for a period of at least five years. During the time that you have a probationary license, your alcohol concentration limit is not allowed to be more than 0.03 percent and if you are convicted of a DWI during that time, your license will be suspended for 90-180 days in addition to whatever suspension is enforced by the court at your sentencing. If you refuse to take an alcohol concentration test while you have a probationary license, your license will automatically be administratively suspended for 90 days.

In summary, do not drive while your license is suspended. Yes, it makes your life more difficult in every area to not be able to drive, but if you drive with a suspended license, you will not only jeopardize your impending court case, but you will become mired in legal issues.