Aggravated DWI Attorneys Serving New Hampshirt

Aggravated DWI is a more serious form of 1st offense DWI where there is an aggravating factor. The aggravating factor elevates the seriousness of the offense from a class B misdemeanor to a class A misdemeanor, which is a huge difference. For a class B misdemeanor DWI-1st, there is no possibility of jail time after conviction. For a class A misdemeanor aggravated DWI, jail time is mandatory and the maximum jail sentence is 12 months in the house of correction.

Aggravating Factors in a DWI Case

There are three factors that can elevate a DWI to an Aggravated DWI:

• A blood alcohol concentration (BAC) equal to or greater than .16%. This is the most common aggravating factor in DWI cases.
• Speeding 30mph over the designated speed limit.
• Eluding pursuit by the police.

Traffic Accidents Involving DWI

A traffic accident, standing alone, is not an aggravating factor. But if a person, including the accused driver, sustains serious bodily injury in the accident, that will elevate the offense to a class B Felony Aggravated DWI. Read more about Felony DWI here.

Delayed Charging

In cases where the police draw blood, or seek the results of a hospital blood draw for medical purposes, the blood alcohol results may not come back from the NH State Forensic Laboratory for as long as 6-8 weeks. In those cases, the police may first file a charge of class B misdemeanor DWI-1st. But if the blood results come back .16 or higher, the police can and will upgrade the charge to Aggravated DWI.