Aggravated DWI High BAC Offenses in NH
In New Hampshire, a suspect's BAC must be 0.16 or more to warrant an aggravated BAC charge.
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 charge more serious in the eyes of the law. This charge is known as an aggravated DWI. The penalties for an aggravated charge are more severe than the penalties for most other drunk driving offenses.
Factors that can lead to a person being charged with aggravated DWI include:
- speeding
- driving with a minor as a passenger
- eluding police
- 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.
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.
The purpose of laws against driving while intoxicated are to discourage drivers from operating a vehicle while impaired. Lawmakers feel that the more serious the offense, the more serious the charge.
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 blood or breath test to get results showing that the defendant had a high 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 with an alcohol concentration of 0.16 or more, contact Russman Law today. Criminal Defense Attorney Ryan Russman can help you fight your charges regardless of the circumstances surrounding your arrest.
