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Driving Without a License

RSA 263:1 — never licensed is a class B misdemeanor, an expired license a violation

The situationThe charge
The situationNever had a licenseThe chargeClass B misdemeanor
The situationA license expired not more than 12 monthsThe chargeViolation; class B misdemeanor for a second offense
The situationDriving while suspended or revoked, in generalThe chargeViolation, with a fine of at least $250, or $500 for a second offense
The situationDriving while suspended, with a prior conviction for it in the 7 years beforeThe chargeMisdemeanor
  • RSA 263:1
  • RSA 263:64
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Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.

Driving while suspended or revoked is an offense whether or not the person held a license when the suspension took effect. Evidence that the notice was sent to the last known address on the division's records is prima facie evidence that the person was notified.

  • RSA 263:64

A felony after a serious crash. Driving while suspended or revoked and being in a collision that causes death or serious bodily injury, where the unlawful driving caused or materially contributed to it, is a class B felony.

  • RSA 263:64
Sources for this section (2)
  1. RSA 263:1 — License Required; Penalty
  2. RSA 263:64 — Driving After Revocation or Suspension

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.

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