What is Aggravated DWI?

A driver who is impaired by drugs or alcohol in New Hampshire can be charged with driving while intoxicated. In some cases lawmakers feel that certain drivers are more dangerous than others while driving impaired. In these situations the suspect may be charged with aggravated DWI.

Aggravated driving while intoxicated occurs when a person operates a vehicle in any way or intends to operate a vehicle while under the influence of drugs or alcohol and an additional factor is present that makes the action even more dangerous or reckless. An aggravated DWI conviction also means increased penalties.

New Hampshire Aggravated DWI Laws

Under New Hampshire law RSA 265-A:3, a person can be charged with aggravated DWI for any of the following:

• The driver operates a vehicle under the influence of intoxicating liquor or any type of drug whether it's illegal prescription or over-the-counter and also is guilty of any of the following:
  • Driving at 30 mph or more over the speed limit
  • Causing an accident resulting in serious injury to another person
  • Eluding or attempting to elude law enforcement by increasing speed, turning off headlights, etc.
  • Having a passenger in the car who is under the age of 16

• A driver can also be charged with aggravated DUI for operating a vehicle with a alcohol concentration of 0.08 or more if they are over 21 or 0.02 or more if they're under 21 and any of the following:
  • Driving at 30 mph or more over the speed limit
  • Causing an accident resulting in serious injury to another person
  • Eluding or attempting to elude law enforcement by increasing speed, turning off headlights, etc.
  • Having a passenger in the car who is under the age of 16

• Finally, any driver with an alcohol concentration that is 0.16 or more is considered to have an extreme  alcohol concentration and can be charged with aggravated DWI

Penalties for Aggravated DWI

Anyone who is convicted of aggravated DWI in New Hampshire will face the following penalties:

• Class A misdemeanor charges
• A fine of at least $750
• A sentence of at least 17 days in jails - 12 of those days may be suspended but at least five must be served
• Installation of an ignition interlock device
• License suspension of at least 18 months but not then two years
• Potential for random drug testing

If a person is convicted of aggravated DUI and causing an accident that leads to the serious injury of another person they will be sentenced to the following:

• Class B felony charges
• A fine of at least $1000
• At least 35 days in jail time - 21 of those days may be suspended which means the other 14 must be served
• Installation of an ignition interlock device
• License suspension of at least 18 months but not then two years
• Potential for random drug testing

Call a New Hampshire Aggravated DWI Lawyer Now

If you have been arrested for DWI in New Hampshire and are facing aggravated DWI charges, contact our office immediately. Aggravated DWI charges have very serious consequences but there are ways to fight them. Attorney Ryan Russman is dedicated to helping his clients get the best possible results. Almost every type of DUI charge has defense options. Contact us now to find out what we can do for you.