Interviewer: If I am traveling out-of-state, and I receive a DWI, will I still have my license suspended?
Out-of-State Drivers Can Drive in Their Home State While the New Hampshire Case Is Pending
David: That is a common situation, for example, someone in Massachusetts gets arrested here in New Hampshire. The police cannot take away the Massachusetts license but they’ll still give him the pink form. However, it’s not going to be a temporary permit because the person is still legal to drive in Massachusetts while the New Hampshire case is pending.
If Convicted, Ultimately, the Home State License Is Suspended and the Individual Cannot Drive in New Hampshire for a Designated Time Period
When New Hampshire suspends the client for the six months for not taking a test or registering an illegal level, the suspension notice is sent to Massachusetts. If the person is convicted here with a DWI, the conviction and suspension notice gets sent down to Massachusetts. At some point, Massachusetts reacts by suspending the person’s license in Massachusetts.
An answer to your question, they can be convicted here. They can’t drive in New Hampshire for the time frame specified by the judge or during the time frame that the administrative suspension is in effect. They are legal to drive in the home state until the other state reacts and gives reciprocal enforcement to the New Hampshire suspension.
New Hampshire Drivers Will Have to Attend a Hearing in Their Home State to Contest a Suspension Issued Due to a DWI Received in another State
Interviewer: What if that driver is from New Hampshire and receives an out-of-state DWI?
David: If a driver gets Massachusetts DWI and has their license suspended in that state, New Hampshire finds out. Then New Hampshire will invite that person to attend an administrative hearing. Once appropriate evidence is presented here in New Hampshire, New Hampshire will suspend the license as if it were a New Hampshire DWI. The client will be entitled to a hearing to try to contest that.
Should You Retain an Attorney If the New Hampshire DMV Declines to Issue a State License Due to Previous Infractions?
Interviewer: Now, if I move to New Hampshire and the DMV would not issue me a license because of old citations from 10 years ago, would a lawyer be able to help me get those removed or taken care of?
David: I do a great deal of that type of work. I’m working right now with somebody that went to jail 16 years ago. He was supposed to be on probation for a year after he got out of jail but he never showed up. A court default was entered.
New Hampshire Will Suspend a License for Defaulting in Court
The court notified the New Hampshire Division Motor Vehicles that the client had defaulted in court. There is a statute here that allows DMV at that point to suspend the driving privileges of a person who defaulted in court. Even though the court case has nothing to do with that, it was an assault case and the client gets his license suspended here in New Hampshire.
Of course, he’s living in Florida and has a Florida license. He renews his license in Florida two or three times and then two weeks ago, he attempts to renew it and they say, “Oh, we can’t renew it. You’re under suspension in New Hampshire.” As a matter of fact, we’re going to suspend you now until you clear up this matter in New Hampshire.