New Hampshire & Maine Aggravated DWI Attorney

§ 265-A3 New Hampshire Statutes: Aggravated Driving While Intoxicated

In the state of New Hampshire and many other states, there are enhanced penalties for certain types of DWI offenses. § 265-A3 of the New Hampshire Statutes defines the aggravated driving while intoxicated laws. If you were arrested for driving under the influence while also:

  • Driving over the speed limit 30 or more miles per hour; or
  • Caused a collision resulting in serious bodily injury; or
  • Attempted to elude law enforcement by leaving the scene; or
  • Were driving with a passenger under the age of 16

You could be charged with aggravated DWI. You could also be charged with aggravated DWI for driving while intoxicated with a blood alcohol concentration of .16 or more. Underage (under 21) drivers can be charged with aggravated DWI for driving under the influence of .02 BAC or higher in addition to at least one of the previously listed offenses.

What are the penalties for aggravated DWI?

According to the New Hampshire Driving or Operating Under the Influence of Drugs/Liquor Statutes,

(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c), shall be: (1) Guilty of a class A misdemeanor; (2) Fined not less than $750; (3) Sentenced to a mandatory sentence of not less than 17 consecutive days in the county correctional facility, of which 12 days shall be suspended. (4) Ordered to install an interlock device; and (5) Subject to license revocation.
(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I(b) or II(b), shall be: (1) Guilty of a class B felony; (2) Fined not less than $1,000; (3) Sentenced to a mandatory sentence of not less than 35 consecutive days in the county correctional facility, of which 21 shall be suspended. (4) Ordered to install an interlock device in accordance with RSA 265-A:36; and(5) Subject to license revocation.

Other penalties include full evaluations by an Impaired Driver Care Management Program (IDCMP). For misdemeanor aggravated DWI convictions, an individual must serve five days in a county correctional facility then schedule an IDCMP evaluation within 30 days and complete it within 60 days of release. If the defendant does not comply, then any portion of the suspended sentence can again be imposed. For felony aggravated DWIs, an individual must serve 14 days in a correctional facility before scheduling an IDCMP evaluation.

How long will my licensed be revoked?

According to the New Hampshire statutes, a person's driving privileges can be revoked for a minimum of 18 months for misdemeanor and felony aggravated DWI. If the court sees fit, it can extend this revocation period for up to two years. If the individual fully complies with the IDCMP, then the court can suspend the sentence for a maximum 6 months on the condition that an ignition interlock device is installed for the duration of the suspended sentence. In addition to this, all fees must be paid and individuals may be subject to random urine tests.

New Hampshire DWI Lawyer Representation

If you've been arrested for either misdemeanor or felony aggravated DWI, then one of our New Hampshire DWI attorneys may be able to assist you. Our firm has offices in Dover, Manchester and Concord but represents clients throughout the state of New Hampshire and all northern New England. Many of the DWI lawyers on staff at Shaheen & Gordon, P.A. have been recognized for excellence in their field, with distinctions such as Union Leader's "40 Under 40" and being included in the list of Super Lawyers®, something only a small percentage of New Hampshire attorneys can say.

To learn more about how our firm can fight to see that your aggravated DWI charges are dismissed or reduced, please contact Shaheen & Gordon, P.A. today to request a free consultation with a NH DWI lawyer.

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