The Elements of Aggravated DWI
Aggravated DWI has two elements: First, there’s the underlying DWI. You can be convicted of DWI if the police have caught you operating (or attempting to operate) a car, truck, or other vehicle, while impaired by alcohol, drugs, or other substances. You can also be charged if your blood alcohol content (BAC) is over the legal limit: 0.08% for drivers 21 and older, and stricter for underage drivers. The second element is the aggravating factor. In New Hampshire, the most common aggravating factors include:- driving 30 mph or more over the speed limit
- causing a serious injury in a crash while impaired,
- trying to elude the police
- wrong-way driving
- having a passenger under 16 while driving drunk, or
- having a BAC of 0.16 or higher.
Aggravated DWI Penalties
Aggravated DWI comes with real consequences. For most aggravated DWI cases, the charge is a Class A misdemeanor. That means you’ll face a minimum of 17 days in jail, though 12 of those days can sometimes be suspended. There’s also a fine starting at $750, and your driver’s license will be revoked for at least 18 months. In many cases, you’ll also need to install an ignition interlock device. This is a breath-testing system that prevents your car from starting if you’ve been drinking. Finally, you’ll likely be required to complete the Impaired Driver Care Management Program (IDCMP), a state-approved course that focuses on substance use and responsible driving habits.Felony aggravated DWI charges apply when someone causes serious bodily injury while driving under the influence. In these cases, the penalties get significantly steeper. The law requires a minimum of 35 days in jail, though part of that time may be suspended if the person complies with all court conditions. Fines start at $1,000, and license suspensions can last anywhere from 18 months to 2 years. Just as with misdemeanor cases, offenders must install an ignition interlock device and complete the Impaired Driver Care Management Program (IDCMP) before regaining driving privileges.
How A Skilled New Hampshire DWI Defense Lawyer Can Help
Our firm understands how stressful an aggravated DWI can be and how much is at stake. But aggravated DWI charges move quickly, and taking early legal action can make all the difference. Our team will closely examine all the circumstances behind the charge, including:Challenging the aggravating factor. We can examine whether the facts actually support an aggravated charge. For instance, perhaps you weren’t driving 30 miles over the limit, or the reported “serious injury” may not be legally classified as such. If we can demonstrate that the aggravating factor is inapplicable, it may result in a reduced charge.
Questioning the evidence. We review every step of how your BAC test and other evidence were handled. Breath and blood tests must be administered correctly, and any lapse in procedure, calibration, or record-keeping can call the results into question.
Negotiating with prosecutors. We use a strong factual and legal foundation to seek reduced charges or lighter sentencing options. In many cases, early negotiation can prevent the harshest penalties of an aggravated DWI conviction.
Demonstrating responsibility, we help clients take steps that show accountability, such as enrolling in the Impaired Driver Care Management Program (IDCMP), seeking counseling, or completing community service.
Every detail matters in an aggravated DWI case. Our job is to protect your rights, challenge weak evidence, and fight for the best possible outcome. With the right defense strategy and experienced legal guidance, it’s possible to move forward and put this situation behind you.