New Hampshire Eluding Police DWI

Eluding Police in New Hampshire

In New Hampshire, some DWI crimes are more serious than others. Even a first time offense can lead to aggravated DWI charges when certain factors take place. Under RSA   265-A:3, a person can be charged with Aggravated Driving While Intoxicated if:

  • They speed 30 or more miles per hour over the limit
  • They cause an accident leading to serious injury
  • They elude or attempt to elude law enforcement
  • They carry passenger under the age of 16

All of these factors are signs that the driver is being particularly negligent while driving under the influence. Eluding police means attempting to avoid being arrested by not stopping when signaled.  By eluding police, not only is the suspect committing an additional offense of refusing to stop when signaled by law enforcement, they are also creating a potentially dangerous situation for officers.

According to the National Law Enforcement Officers Memorial Fund, 34 police officers have been killed in the line of duty in New Hampshire alone. In addition, 26 officers died in the line of duty in auto crashes during 2012 in the US. When a suspect refuses to stop for police, a chase will usually occur; often at high speeds. This is dangerous to victims and officers as well as innocent bystanders. In order to discourage drivers from endangering officers and those around them, eluding police is grounds for an aggravated DWI charge and will result in steeper penalties.

Penalties for Aggravated DWI in NH

In addition to aggravated DWI, a person can also be charged with aggravated BWI or boating under the influence if they operate a boat under the influence and attempt to elude law enforcement. In order to prove that a DWI suspect in New Hampshire attempted to elude law enforcement, it must be shown that they committed some act that was evidence of this. The law states text evidence can include “increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued”.

The penalties for aggravated DWI are as follows:

  • Class A misdemeanor charges
  • At least $750 in fines
  • At least 5 days in jail and another 12 days that may be suspended
  • 18 months to 2 years of driver's license suspension
  • Installation of an ignition interlock device upon license reinstatement
  • Potential for random drug testing

In addition, anyone convicted of aggravated DWI who has prior DWI or aggravated DWI convictions will be subject to more jai time, longer periods of license suspension and steeper fines.

New Hampshire Eluding Police DWI Lawyer

If you have been arrested for DWI in New Hampshire and law enforcement believe you were attempting to get away, call an attorney right away. At Russman Law, we work to help our clients fight the charges against them by building strong defenses. An aggravated DWI conviction includes mandatory jail time, license suspension and more. Call our office now to get the legal assistance you need