What Constitutes an Aggravated DWI?
- Speeding 30 miles or more above the speed limit;
- DWI Crash with Serious Injury;
- Attempting to allude law enforcement (dimming lights or speeding away);
- Traveling with a passenger Under 16 (DWI with child passenger);
- Alcohol Content of 0.16% or higher
| Aggravated DWI | Misdemeanor | Felony (Serious Injury) |
|---|---|---|
| Jail | 17 days min (12 days suspended if substance abuse program completed) | 35 days – 3 ½ to 7 yrs prison (21 days suspended if substance abuse program completed) |
| Fine | $750 – $2000 | $1000 – $4000 |
| License Suspension | 18 – 24 months(6 mo.s may be suspended by Court)* | 18 – 24 months(6 mo.s may be suspended by Court)* |
| Ignition Interlock Required | 1 – 2 yrs | 1 – 2 yrs |
| Insurance/SR22 | Required prior to license reinstatement | Required prior to license reinstatement |
| Full Alcohol & Drug Evaluation/Substance Abuse Plan | May Need to Do Substance Abuse Plan(required to regain license early and avoid serving full jail sentence) | May Need to Do Substance Abuse Plan(required to regain license early and avoid serving full jail sentence) |
*Traveling with someone under 16: Requires DWI School and maximum license suspension (no reduction)
NH Aggravated DWI Penalties: Mandatory Jail
An aggravated DWI has harsher penalties, due to the aggravating circumstances involved. As opposed to a first offense DWI, a first offense aggravated DWI involves mandatory jail. A misdemeanor aggravated DWI has a minimum penalty of 17 days in jail, while a felony DWI (aggravated offense) has a 35 day minimum jail sentence. A felony DWI results when there’s a crash with serious injury.
Additional NH Aggravated DWI Penalties
Aside from the mandatory jail time, a misdemeanor aggravated DWI has a minimum fine of $750, and a $1000 fine for a felony DWI. The Court imposed license suspension is 18 months at a minimum, and there is a requirement for a full alcohol and drug evaluation (with a potential need to do a substance abuse plan). Additionally, the Court may impose additional alcohol and drug treatment, and random urinalysis.
Administrative License Suspension
This administrative suspension is separate from the suspension for the drunk driving criminal charge (if convicted). If you took the breath or blood test, the administrative suspension will be concurrent (simultaneous) with the criminal case suspension. If you refused, the suspension will be tacked onto whatever DWI suspension you received in the criminal case.
1st Time Alcohol Level Over Legal Limit: 180 day suspension
2nd Time Alcohol Level Over Legal Limit: 2 year suspension
1st Refusal to take the Breath or Blood Test: 180 day suspension
2nd Refusal to take the Breath or Blood Test: 2 year suspension
For example, if your refused the breathalyzer, and your license suspension in the criminal case is 3 years, and the administrative suspension is for 2 years, then the total suspension will be 3 years + 2 years, for a total of 5 years. However, if you took the breathalyzer or blood test, and went over the legal limit, then it would only be for 3 years.
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