Aggravated DWI Laws In New Hampshire

There are a few different ways that a "standard" dwi, can become an aggravated dwi in New Hampshire. You can be charged with aggravated dwi if you commit the crime of driving under the influence AND any of the following apply:

• You had a BAC .16 or Higher
• You were driving 30+ miles above the speed limit at the time
• Caused a motor vehicle accident resulting in serious bodily injury
• You attempted to elude the police
• There was a passenger under 16 in the vehicle at the time

All of the aggravated dwi penalties have MANDATORY jail time if you are convicted, as well as a more significant license loss (Minimum 1 year loss of license) as compared to standard DUI; minimum 90 days. Further, if you cause a motor vehicle accident resulting in serious bodily injury, it is a FELONY (Minimum 14 days in jail, up to 7 years in prison). Besides jail, you will have to complete a 7 day multiple offender program, at your own expense. The cost of the program is around $1000-$2000, as you must stay at the program for the 7 days straight.

The penalties for aggravating dwi include a mandatory interlock device for at least a year. This is a machine where you have to blow into it while using your car. You must pay the cost to have this installed in any vehicle that you drive. The cost is roughly $100 a month.

For more details see: N.H. RSA 265-A:3

For the State to obtain a guilty verdict on aggravated DWI, they must prove beyond a reasonable doubt that you were driving a vehicle on a public way while impaired due to alcohol, and any of the additional aggravating factors beyond a reasonable doubt as well. If it was for a breath or blood test above the legal limit, a good DWI lawyer may be able to show any result fell within the margin of error, or otherwise that your result was not what the State claims it was, or be able to keep the test result out of evidence. If you gave a breath test, you want to get the breath tubes independently tested. I have had numerous cases where testing did not confirm the results, which can lead to an aggravated dwi charge being dismissed.

Attorney Hynes has successfully defended many aggravating dwis, including dismissals, and getting them reduced to standard dwi to avoid jail time and extensive license loss. Give me a call to discuss your case and options.