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.