Menu

New Hampshire High BAC DWI

Free Case Review

Aggravated DWI High BAC Offenses in NH

When the majority of people are arrested for suspicion of driving under the influence in New Hampshire, they are facing charges for RSA 265-A:2. This is the law applying to operating or attempting to operate a vehicle under the influence of drugs or alcohol or with an alcohol concentration of 0.08 for more. In some cases, however, a suspect is also accused of an additional factor which makes their DWI offense more serious in the eyes of the law. This charge is known as an aggravated DWI. The penalties for aggravated DWI are more severe than the penalties for most other DWI offenses. Factor that can lead to a person being charged with aggravated DWI include speeding, driving with a minor as a passenger, eluding police and driving with an extremely high alcohol concentration.

Alcohol concentration or blood alcohol concentration (BAC) is the term used to describe how police measure the amount of alcohol in a person's system. When a breath or blood sobriety test is performed, it measures the amount of alcohol in the suspect's body based on how many grams of it are in their blood. The legal limit for alcohol concentration for a driver of a motor vehicle in New Hampshire is 0.08 if they are over 21. Generally, any concentration over 0.15 is considered high. In NH, a suspect's BAC must be 0.16 or more to warrant an aggravated BAC charge.

The Dangers of High BAC

Driving with a high blood alcohol concentration or BAC is grounds for an aggravated DWI charge because many statistics show that drivers with high alcohol concentrations are more likely to cause serious or fatal accidents. According to a 2012 report by the National Highway Traffic Safety Administration (NHSTA), 70% of alcohol related DWI fatalities involved at least one driver with a BAC of 0.15 or more. In 2010, the group also found that 25% of all driving related fatalities in New Hampshire involved at least one driver with a BAC of 0.15 for more. Additionally, they revealed that the most commonly recorded alcohol concentration for drivers involved in fatal crashes in 2010 was 0.18.

Considering this information, it is easy to see why lawmakers want to make sure drivers with high BACs are subject to additional punishments. The purpose of DWI laws is to discourage drivers from operating a vehicle while impaired. Lawmakers feel that the more serious the offense, the more serious the charge. In order to further discourage and punish anyone who is especially negligent while driving under the influence, aggravated DWI laws were created.

New Hampshire Aggravated DWI Laws

According to New Hampshire Law RSA 265-A:3, a person can be charged with aggravated DWI  “if the person drives, operates, or attempts to operate an OHRV, or if the person drives or attempts to drive a vehicle upon any way, or if the person operates or attempts to operate a boat” and while having an alcohol concentration of  0.16 or more.

In order to prove this is true, police will need to have administered a breath or blood sobriety test and gotten results showing that the defendant had this alcohol concentration.

Penalties for Aggravated High BAC DWI in New Hampshire

First offense in a ten year period:

  • Class A misdemeanor charges
  • A fine of at least $750
  • 17 days of jail time, 5 of which must be served and cannot be suspended
  • Installation of an ignition interlock device for 12 months to 2 years
  • 8 months to 2 years of driver's license suspension
  • Drug or alcohol abuse evaluation and counseling, if necessary

Second offense in a ten year period:

  • Class A misdemeanor charges
  • A fine of at least $750
  • 60 days of jail time, 30 of which must be served and cannot be suspended (if the prior offense occurred within the past 2 years)
  • Installation of an ignition interlock device for 12 months to 2 years
  • 3 years of driver's license suspension
  • Drug or alcohol abuse evaluation and counseling, if necessary
NH Aggravated High BAC DWI Lawyer

If you are facing charges for aggravated DWI in New Hampshire after being arrested for DWI with an alcohol concentration of 0.16 or more, contact Russman Law today. DWI attorney Ryan Russman can help you fight your charges regardless of the circumstances surrounding your arrest.