Drinking and Cell Phone Use Lead to Head-On Collision

A woman driving on Route 9, near Nelson, New Hampshire, was involved in a head-on collision that resulted in the serious injury of two people traveling in the vehicle she struck. New Hampshire State Police say that the woman was driving east on Route 9, under the influence of alcohol and using an electronic mobile device, when the accident occurred. She was charged with Aggravated DWI and vehicular assault. 

Aggravated DWI in New Hampshire

In New Hampshire, a person is guilty of “Aggravated Driving While Intoxicated” if a person drives, operates, or attempts to operate a motor vehicle while under the influence of alcohol or a controlled substance, or any substance that impairs the person’s ability to drive, or has a blood alcohol concentration of 0.08 or more and at the time alleged:

  • “Drives or operates at a speed more than 30 miles per hour in excess of the speed limit;
  • Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury to the person or another;
  • Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued; or
  • Carries as a passenger a person under the age of 16.”

A person may also be guilty of an Aggravated DWI if they have a blood alcohol concentration of 0.16 or more at the time alleged.

Reckless or Distracted Driving: The Use of Mobile Electronic Devices While Driving

Not only was the woman in the scenario above driving under the influence of alcohol, she was also using her mobile device. New Hampshire is a hands-free state, and the use of an electronic mobile device while driving is called “distracted driving” and, as such, may have added or elevated her vehicular assault charge.

Penalties of Aggravated DWI

The penalties for Aggravated DWI are steep enough without the addition of various reckless driving charges. The penalties for an aggravated DWI are more serious than those for a traditional DWI. Penalties for an Aggravated DWI may include:

  • Being convicted of a class A misdemeanor
  • Fined not less than $750;
  • Sentenced to no less than 17 consecutive days in jail;
  • Court referral to an Impaired Driver Care Management Program (IDCMP);
  • Ordered to install an interlock device at your own expense; and
  • A suspension of the driver’s license for no less than 18 months.

New Hampshire Criminal Defense Attorneys Can Help

If you have been charged with an Aggravated DWI, you must retain the services of an experienced lawyer immediately. These cases can be overwhelming and scary, but working with skilled DWI attorneys at Tenn And Tenn, P.A. can mean the difference between a clean record and a conviction. Using various defense tactics, such as the improper administration of alcohol testing devices, lawyers at Tenn And Tenn, P.A. will protect your rights in the courtroom. Do not wait to start fighting these serious charges, contact us today!

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