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Aggravated DWI New Hampshire

here 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

As of January 1, 2013, the penalties for Aggravated DWI increased. 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). As of January 1, 2013, the minimum jail time on aggravated DWI is "not less than 17 consecutive days in the county correctional facility, of which 12 days shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 5 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed". You have to pay the cost of the IDCMP.

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.

If you gave a breath test .16 or higher, besides getting the breath independely tested, you are going to want to hire an expert witness. Besides getting a good plea negotiation, if the case goes to trial you are going to want to show the result was inaccurate. This can be the difference between goingt to jail or not.


Disclaimer: Past results do not guarantee a future outcome. Results include cases in both Massachusetts and New Hampshire. Attorney Dan Hynes is admitted to practice law only in Massachusetts and New Hampshire. This website may be considered advertising. Contacting us does not create an attorney/client relationship and the information on this site is not legal advice and may be inaccurate or not applicable to your case. Each case is different.

Mailing Address: Dan Hynes PO BOX 598 Merrimack, NH 03054