New Hampshire Aggravated DWI
When a person is arrested for suspicion of DWI in New Hampshire, their charges can be made more severe when an aggravating factor is present. An aggravating factor is another circumstance that occurred along with the driver being intoxicated that made the offense more dangerous and showed that the driver was being negligent. A DWI arrests involving an aggravating factor will lead to an aggravated DWI charge. One of these factors is operating a vehicle while impaired and with a minor as a passenger.
Under New Hampshire law, a driver with an alcohol concentration of 0.08 more is considered to be impaired. Additionally, any driver with drugs or alcohol in their system that fails a sobriety test or demonstrates to police evidence that their ability to drive may be impaired can also be accused DWI. These laws exist because drivers under these conditions have a higher chance of getting into a serious or fatal accident. When a minor is in the car, their lives are put at risk as well. According to Mother Against Drunk Driving (MADD), 20% of children under 14 years of age who were killed in car accidents in 2012 were killed in drunk driving accidents. New Hampshire lawmakers feel that when to driver chooses to drive drunk and endanger the life of a child, their charges should be more serious.
NH Endangering a Minor DWI Laws
According to RSA 265-A:3, A driver can be charged with aggravated DWI if they operating vehicle under the influence of drugs or alcohol or with an alcohol concentration of 0.08 or more (if the driver is under 21, the alcohol concentration limit is 0.02) and "carries as a passenger a person under the age of 16”.
This is a serious offense that can include the following penalties:
- Class A misdemeanor charges
- A fine of at least $750
- 17 consecutive days of incarceration, 5 of which cannot be suspended
- Substance abuse evaluation and treatment, if necessary
- Installation of an ignition interlock device
- At least 18 months but not more than 2 years of driver's license suspension
- The possibility of random drug or alcohol testing
In addition to these penalties, RSA 265-A:18 VIII states that anyone convicted of DWI with a minor passenger under the age of 16 will be subject to the maximum term of license suspension and must complete the Impaired Driver Care Management Programs (IDCMP) within 14 days of conviction. If the program determines that you might have a substance abuse problem, you will have to schedule a disorder evaluation within 30 days of conviction and complete all necessary treatment including a department of health and human services approved impaired driver education program before you can request license reinstatement.
New Hampshire DWI Child Endangerment Defense
If you or a loved one are facing a DWI charge with child endangerment, there's important information that you should know. If you are a parent, a child endangerment DWI can affect your child custody status or other custody issues. DWI attorney Ryan Russman can help you build a strong defense in order to fight your aggravated DWI charges and get the best results possible. Call us now to find out more.