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New Hampshire Aggravated DWI Attorney

Experienced Representation Against Aggravated DWI Charges

In New Hampshire, driving while intoxicated (DWI) is not always charged as a misdemeanor. Some circumstances could qualify as aggravated DWI. So, what exactly makes a DWI aggravated?

In the state of New Hampshire and many other states, there are enhanced penalties for certain types of DWI offenses. Four major scenarios could qualify a person for aggravated DWI charges according to the New Hampshire Statutes § 265-A3.

§ 265-A:3 of the New Hampshire Statutes defines Aggravated DWI as:

• DWI while also driving over 30mph over the speed limit. This type of charge usually results from an officer pulling someone over for speeding. If law enforcement suspects intoxication, they may ask the driver to submit to a series of field sobriety tests like the one-leg stand. Drivers who fail these tests can be lawfully arrested and taken in for chemical testing (breath, blood, or urine testing for blood alcohol content).
• Intoxication caused a collision, resulting in serious bodily injury. This is not the same as vehicular manslaughter. That is a separate offense according to the New Hampshire statutes. Accidents resulting in the serious bodily injury of a pedestrian or occupant of a vehicle involved in the crash can warrant an aggravated DWI.
• They are attempting to elude law enforcement by leaving the scene. For example, if a law enforcement official suspects drunk driving and signals to a vehicle to pull to the side of the road, but the driver attempts to flee, they could be charged with aggravated DWI when apprehended. However, these charges cannot stand if a chemical test does not indicate .08 percent or higher BAC. The driver would still likely face fleeing police charges.
• DWI with a passenger under the age of 16. Some drivers are also charged with aggravated DWI for intoxication levels of .16 percent or higher (double the legal limit).

If you are suspected of any of the above, you could be charged with aggravated DWI. You could also be charged with aggravated DWI for driving while intoxicated with a blood alcohol concentration of .16 or more. Underage (under 21) drivers can be charged with aggravated DWI for driving under the influence of .02 BAC or higher, in addition to at least one of the previously listed offenses.

What Are the Penalties for Aggravated DWI in NH?

According to the New Hampshire Driving or Operating Under the Influence of Drugs/Liquor Statutes,

(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c), shall be:

• (1) Guilty of a class A misdemeanor;
• (2) Fined not less than $750;
• (3) Sentenced to a mandatory sentence of not less than 17 consecutive days in the county correctional facility, of which 12 days shall be suspended.
• (4) Ordered to install an interlock device; and
• (5) Subject to license revocation.

(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I(b) or II(b), shall be:

• (1) Guilty of a class B felony;
• (2) Fined not less than $1,000;
• (3) Sentenced to a mandatory sentence of under 35 consecutive days in the county correctional facility, of which 21 shall be suspended.
• (4) Ordered to install an interlock device by RSA 265-A:36; and
• (5) Subject to license revocation.

Other penalties include complete evaluations by an Impaired Driver Care Management Program (IDCMP).

For misdemeanor aggravated DWI convictions, an individual must serve five days in a county correctional facility, schedule an IDCMP evaluation within 30 days, and complete it within 60 days of release. If the defendant does not comply, any portion of the suspended sentence can again be imposed.

For felony aggravated DWIs, an individual must serve 14 days in a correctional facility before scheduling an IDCMP evaluation.

How Long Do You Lose Your License for an Aggravated DWI in New Hampshire?

According to the New Hampshire statutes, a person’s driving privileges can be revoked for a minimum of 18 months for misdemeanor and felony aggravated DWI. If the court sees fit, it can extend this revocation period to two years. Suppose the individual fully complies with the IDCMP. In that case, the court can suspend the sentence for a maximum of 6 months on the condition that an ignition interlock device is installed for the duration of the suspended sentence. In addition, all fees must be paid, and individuals may be subject to random urine tests.

Contact Our New Hampshire Aggravated DWI Attorney Today

If you’ve been arrested for either misdemeanor or felony aggravated DWI, then one of our New Hampshire DWI attorneys may be able to assist you. In many cases, our New Hampshire DWI lawyers can get aggravated DWI charges reduced to regular DWI, reckless driving, or even dismissed altogether.

Our firm has offices in Dover, Manchester, and Concord but represents clients throughout New Hampshire and northern New England. Many of the DWI lawyers on staff at Shaheen & Gordon, P.A., have been recognized for excellence in their field, with distinctions such as Union Leader’s “40 Under 40” and inclusion in the list of Super Lawyers®, something only a tiny percentage of New Hampshire attorneys can say.