Not all DUI charges are equal. In New Hampshire, an aggravated DUI charge may be brought if you are driving under the influence, and certain aggravating factors have also occurred. The factors are those that create a heightened danger to yourself or other people that goes beyond driving under the influence. Aggravated DUI is a gravely serious crime, bringing severe consequences upon conviction.
AGGRAVATING FACTORS
In a standard DUI charge, a driver may be convicted if operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or when impaired by drugs or alcohol, regardless of BAC. A driver may be charged with aggravated DUI if they are driving under the influence of drugs or alcohol and they:
• drove 30 miles per hour or more over the speed limit
• caused a collision that resulted in serious bodily harm
• attempted to flee the police by speeding, extinguishing the vehicle’s headlights, or other means
• had a passenger aged 16 or younger in the vehicle.
• had a BAC of .16 percent or greater.
CONSEQUENCES FOR AGGRAVATED DUI
An aggravated DUI is a Class A misdemeanor that carries both administrative and criminal penalties. A driver convicted of aggravated DUI for the first time will face having their driving privileges suspended for 12 months and up to two years. After the suspension ends, the driver will be given a five-year probationary license, with which they cannot drive with a BAC higher than .03 percent. Drivers who cause serious bodily harm will also have a mandatory ignition interlock device installed on their car for 12 to 24 months.
On the criminal side, an aggravated DUI may be either a Class A misdemeanor or Class B felony if serious bodily injury is involved. For misdemeanour charges, you may face five days to 12 months in jail and financial penalties between $750 and $2,000. If you are convicted of a felony, you face 14-days to seven years in jail and fines between $1,000 and $4,000.
SEEK IMMEDIATE LEGAL HELP FROM EXPERIENCED NEW HAMPSHIRE DUI LAWYERS
An aggravated DUI conviction can negatively affect your life in numerous ways, including potentially having a felony conviction on your record. If you’ve been arrested for DUI, contact the experienced attorneys at Tenn And Tenn, P.A. today. We help people all over the state: Manchester, Concord, Nashua, Bedford, Derry, and beyond. Call 1-888-511-1010 for your free consultation today, or reach out online for a case evaluation.