Aggravated DWI has enhanced penalties and is charged if at the time of your DWI arrest, you were impaired and:
a) Driving 30 miles per hour in excess of the posted speed limit;
b) Caused a motor vehicle accident that resulted in serious bodily injury to someone;
c) Tried to flee or hide from the officer who pulled you over;
d) Had a passenger in the car under the age of 16 years old;
e) Had an alcohol concentration of over .16.
The most common cause for an Aggravated DWI charge is having an alcohol concentration over.16. That is double the legal limit of .08. Aggravated DWI charges are serious because the punishment well exceeds that of a normal DWI charge.
a) A conviction for a Class A Misdemeanor;
b) A Fine of not less than $750 plus court imposed penalty assessment of 24 % of the fine;
c) A Mandatory sentence of not less than 17 consecutive days in the House of Correction, of which 12 days shall be suspended. (You can receive up to a year in jail as this is a Class A Misdemeanor);
d) The Court will refer you to the Impaired Driver Care Management Program to schedule a full substance use disorder evaluation at your expense;
e) Upon release from jail you shall schedule a substance abuse evaluation within 30 days of release (there is no initial screening as with a simple DWI conviction), complete the required substance abuse evaluation within 60 days of release, and comply with the service plan developed;
f) Your driver's license will be suspended for not less than 18 months and up to 2 years;
g) Upon confirmation from the Impaired Driver Care Management Program that you are in full compliance with the service plan, the court may suspend up to 6 months of the sentence with the condition that an interlock device be installed for the period of the suspended sentence.
h) You will be ordered to install an interlock device for not less than 12 months nor more than 2 years at your expense;
i) You will be responsible for paying all associated costs and fees for these programs.
Annutto Law Office
369 Main St
Nashua, NH 03060
Phone: +1 603 881-9161
Fax: +1 603 821-5185
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