Attorneys at Law, Burlington, VT

phone icon 802-318-8076
divider

Aggravated DWI – New Hampshire

separator

Call us today – (802)318-8076

The New Hampshire statutes also provide for the enhanced penalty of Aggravated Driving While Intoxicated (Aggravated DWI) under certain circumstances. You may be charge with Aggravated DWI if you:

(1) Have a BAC of 0.16 or more; or
(2) If you are driving while impaired and at the time you also violate one of the following:

  • Exceed the posted speed limit by 30 mph;
  • Cause a collision that results in serious bodily injury;
  • Attempt to elude police by increasing speed, turning off headlights, or abandoning the vehicle while being pursued; or
  • If there is a person under the age of 16 in the vehicle.
  • For persons under the age of 21, the legal limit is a BAC of 0.02. All of the above situations that will result in Aggravated DWI apply to persons under 21 who are operating a motor vehicle with a BAC of 0.02 or above.

    Penalties for Aggravated DWI:

    First Offense

  • Guilty of class A misdemeanor;
  • Fined not less than $750;
  • Mandatory sentence of not less than 17 consecutive days in the county correctional facility, with 12 days suspended. A condition of the suspended suspension is that you shall schedule a substance use disorder evaluation within 30 days of release with the Impaired Driver Care Management Program (IDCMP), complete the evaluation within 60 days of release, and comply with the service plan developed. If you do not comply with the IDCMP requirements, the Court may impose any portion of the suspended sentence;
  • Order and install an interlock device;
  • Your drivers license shall be revoked for not less than 18 months and not more than 2 years;
  • You may be required to submit random urinalysis or other tests the Court deems appropriate.
  • First Offense Resulting in a Collision Causing Injury
    In addition to the above penalties, if the DWI results in a collision causing injury, then you may face the following additional penalties:
  • Guilty of a class B felony;
  • Fined not less than $1,000
  • Mandatory sentence of not less than 35 consecutive days in the county correctional facility, with 21 days suspended. A condition of the suspended suspension is that you shall schedule a substance use disorder evaluation within 30 days of release with the Impaired Driver Care Management Program (IDCMP), complete the evaluation within 60 days of release, and comply with the service plan developed. If you do not comply with the IDCMP requirements, the Court may impose any portion of the suspended sentence.
  • Additional, more severe, penalties may exist if this is a second or subsequent aggravated DWI.
  • Every case is unique and you should seek legal advice prior to making any statements to the police or accepting any plea offers from the district attorney’s office.
  • Important Resources:
    IDCMP information from NH Health and Human Services
    IDCMP Locations