How to Defend Against an Aggravated DWI Charge in New Hampshire

Facing a standard DWI is stressful, but being charged with an Aggravated DWI in New Hampshire shifts your case into a much more dangerous legal territory. An Aggravated DWI is not just a traffic offense; it is a serious criminal charge that carries mandatory incarceration, heavy financial penalties, and the potential ruin of your personal and professional reputation. If you are dealing with this charge in Concord, Manchester, or anywhere else in the state, finding a tenacious criminal defense lawyer through our US Lawyers Directory is the most important step you can take to protect your freedom.

What Makes a DWI Aggravated in New Hampshire?

Under N.H. Rev. Stat. Ann. § 265-A:3, a standard driving under the influence charge is elevated to an Aggravated DWI if specific aggravating factors are present at the time of the arrest. The state classifies this offense as a Class A Misdemeanor, or in severe cases involving injury, a Class B Felony.

High BAC Enhancements

The most common reason for an Aggravated DWI charge is returning a high blood alcohol concentration (BAC). If a breath or blood test shows a BAC of 0.16% or higher-which is double the legal limit of 0.08%-the state will automatically elevate the charge. Prosecutors heavily rely on these chemical tests, making it crucial for your defense team to scrutinize the calibration and administration of the Intoxilyzer machine.

Evading Police and Speeding Factors

Your driving behavior prior to the stop can also trigger an aggravated charge. If the arresting officer alleges that you were driving at a speed of 30 miles per hour or more over the posted speed limit, the charge becomes aggravated. Similarly, attempting to elude law enforcement pursuit-whether by failing to pull over promptly or engaging in a high-speed chase-will immediately elevate the severity of the DWI.

Defending Against Serious Bodily Injury Allegations

If your impaired driving causes a motor vehicle collision that results in serious bodily injury to another person (including passengers in your own vehicle), the charge is elevated to a Class B Felony. This is the most severe form of Aggravated DWI. A Class B Felony conviction can result in up to 7 years in the New Hampshire State Prison. A defense lawyer will vigorously investigate the accident scene to challenge causation-proving that the accident was not directly caused by your impairment, but rather by weather, road conditions, or the other driver's negligence.

Step-by-Step Defense Strategies in New Hampshire

Defending an Aggravated DWI requires challenging the specific element that elevated the charge. Your attorney will usually follow these strategic steps:

Step 1: Filing Motions to Suppress Evidence

Your lawyer will file motions in the Merrimack County Superior Court, Concord (or your local equivalent) to suppress the BAC results or field sobriety tests. If the police lacked probable cause to initiate the traffic stop, any evidence gathered afterward may be thrown out. In State v. McKinnon-Andrews, 151 N.H. 19 (NH Supreme Court 2004), the court scrutinized the constitutionality of traffic stops, reaffirming that officers cannot pull you over without reasonable suspicion.

Step 2: Negotiating to a Standard Misdemeanor

If suppressing the evidence is not entirely possible, your attorney may negotiate with the prosecutor to drop the 'aggravating' factor. For example, they might argue that the speed radar gun was not calibrated recently, prompting the state to drop the speeding enhancement and reduce the charge back down to a standard Class B Misdemeanor DWI, effectively saving you from mandatory jail time.

Mandatory Penalties and State Agencies

If convicted of a Class A Misdemeanor Aggravated DWI, the mandatory penalties under N.H. Rev. Stat. Ann. § 265-A:18 include a minimum fine of $750 (plus a 24% penalty assessment), a mandatory minimum sentence of 17 days in a county jail (with 12 days suspended if you enter treatment), and an 18-month to 2-year license suspension. You must also coordinate with the New Hampshire Division of Motor Vehicles, Concord to ensure your insurer submits a Uniform SR-22 Certificate of Financial Responsibility and install an Ignition Interlock Device before driving again.

Frequently Asked Questions (FAQ)