An aggravated driving while intoxicated (DWI) charge carries more serious legal consequences than a standard DWI. New Hampshire sets the per se DWI limit at 0.08. However, certain facts can make the offense aggravated, including a blood alcohol concentration (BAC) of 0.16 or more. If the state alleges that you drove or tried to drive at that level, it may charge you with aggravated DWI.
What does a 0.16 alcohol concentration mean?
At a BAC of 0.16, alcohol can significantly affect coordination, focus and control of a vehicle. It can also make it harder to process sights and sounds while driving. Drivers at this level face at least 12 times the crash risk of drivers with no alcohol in their system.
These effects help show why a high alcohol concentration carries added weight in a DWI case. If your charge rests on a result of 0.16 or more, you may want to review when the test occurred and whether officials followed required testing steps. Those records might affect how the state proves the reported alcohol concentration.
How does an aggravated DWI increase the penalties?
New Hampshire generally treats a first standard DWI as a class B misdemeanor. An aggravated DWI based on a 0.16 alcohol concentration is a class A misdemeanor.
The penalties also increase. A first standard DWI carries a minimum $500 fine and at least nine months of license revocation. An aggravated DWI carries a minimum $750 fine and at least 18 months of license revocation. The law also requires a 17-day county jail sentence, with 12 days suspended and an ignition interlock device. Prior DWI convictions may lead to different penalties.
Prepare to review the evidence
If you face an aggravated DWI based on a 0.16 alcohol concentration, you may want to review the test evidence and prepare for the process ahead. Knowing what the state must prove could help you identify issues and make informed decisions as your case moves forward.
