What Is Aggravated DWI in New Hampshire? Triggers and Penalties

Aggravated DWI in New Hampshire is a stepped-up drunk driving charge that applies when specific dangerous circumstances are present during an impaired-driving incident: a blood alcohol concentration of 0.16 or higher, driving more than 30 mph over the speed limit, carrying a passenger under 16, causing serious bodily injury, trying to elude police, driving a heavy commercial vehicle, or going the wrong way on a divided highway. A first offense is a Class A misdemeanor carrying at least five days in jail, a $750 minimum fine, and license revocation of 18 months to two years. If the incident caused serious bodily injury, it becomes a Class B felony.

What Triggers the Aggravated Charge

RSA 265-A:3 sets out two pathways to an aggravated DWI. In the first, a driver is impaired by alcohol or drugs and commits one of several dangerous acts. In the second, the driver has a BAC of 0.08 or higher (0.02 or higher if under 21) and commits one of those same acts. A third route stands alone: a BAC of 0.16 or more is aggravated DWI on its own, with no other dangerous act required.1New Hampshire General Court. New Hampshire Code 265-A:3 – Aggravated Driving While Intoxicated

The dangerous acts that pair with impairment or a qualifying BAC are:

  • Driving more than 30 mph over the posted speed limit.
  • Causing a collision that results in serious bodily injury to anyone.
  • Trying to elude a pursuing officer by speeding up, cutting the headlights while still moving, or abandoning the vehicle.
  • Carrying a passenger under the age of 16.
  • Driving a vehicle with a gross combination weight rating of 10,001 pounds or more.
  • Driving on the wrong side of a divided highway in violation of RSA 265:26, I.

The statute reaches off-highway recreational vehicles and boats as well as cars and trucks.1New Hampshire General Court. New Hampshire Code 265-A:3 – Aggravated Driving While Intoxicated

One point to clear up: refusing a chemical test is not itself an aggravating factor under RSA 265-A:3. A refusal carries its own penalties through New Hampshire’s implied consent and administrative suspension rules, but it does not convert an ordinary DWI into an aggravated one.

Penalties for a First Offense

A first aggravated DWI without serious bodily injury is a Class A misdemeanor. The mandatory minimums under RSA 265-A:18 are:

  • A jail sentence of at least 17 consecutive days, with 12 suspended. You serve at least five consecutive days in a county correctional facility, and the remaining 12 days can be reimposed if you fail to meet court conditions such as substance use treatment.
  • A fine of at least $750, with the court free to impose more.
  • License revocation of 18 months, extendable to two years.
  • Mandatory installation of an ignition interlock device under RSA 265-A:36.
2New Hampshire General Court. New Hampshire Revised Statutes 265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses

You will also need to complete the state’s Impaired Driver Care Management Program (IDCMP). The program starts with a $70 intake fee and a $275 substance use disorder evaluation, with additional education programs billed separately depending on what the evaluation recommends.3New Hampshire Department of Health and Human Services. NH Impaired Driver Care Management Programs Failing to finish the program can extend your license revocation and trigger a probation violation.

No part of the minimum mandatory revocation can be suspended or reduced by the court. That is a hard floor. The court may suspend up to six months of a longer revocation if you comply with the IDCMP service plan and install an interlock device for the duration of the suspended portion.2New Hampshire General Court. New Hampshire Revised Statutes 265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses

When the Charge Becomes a Felony

If the aggravated DWI involved a crash that caused serious bodily injury, it is charged as a Class B felony. Serious bodily injury means harm causing severe, permanent, or long-term loss of health or bodily function. A broken bone that heals normally would not qualify; traumatic brain injury, permanent nerve damage, or organ failure would.

The felony-level minimums are substantially heavier:

  • At least 35 consecutive days in jail, with 21 suspended, meaning at least 14 served. As a Class B felony, the maximum exposure is a state prison term of up to seven years.
  • A fine of at least $1,000.
  • License revocation of 18 months to two years.
  • Mandatory ignition interlock under RSA 265-A:36.
2New Hampshire General Court. New Hampshire Revised Statutes 265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses

IDCMP compliance still applies. You have to schedule the substance use disorder evaluation within 30 days of release, complete it within 60 days, and follow whatever service plan comes out of it. If you don’t, the court can bring the suspended jail time back.

Repeat Offenses and the Ten-Year Lookback

New Hampshire counts any prior DWI or aggravated DWI conviction from the ten years before your current offense as a prior for enhancement purposes. Out-of-state convictions for equivalent offenses count too.2New Hampshire General Court. New Hampshire Revised Statutes 265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses

On a second offense, the penalty depends on timing. If the prior conviction was within two years, you face 60 consecutive days in jail with 30 suspended, so at least 30 days served. If the prior is more than two years but less than ten years old, the jail minimum drops back to 17 days with 12 suspended. Either way, the $750 minimum fine and full IDCMP requirements stay in place.2New Hampshire General Court. New Hampshire Revised Statutes 265-A:18 – Penalties for Intoxication or Under Influence of Drugs Offenses

A conviction that falls outside the ten-year window stops counting for enhancement, though it stays on your record.

Administrative License Suspension Before Your Court Date

Your license can be suspended well before you ever see a judge. Under RSA 265-A:30, when a chemical test shows a BAC of 0.08 or more (0.02 for drivers under 21), the arresting officer sends a sworn report to the Department of Safety, which triggers an administrative suspension separate from anything the court later orders.4New Hampshire General Court. New Hampshire Revised Statutes 265-A:30 – Administrative License Suspension

For a first-time offender with no DWI history, the administrative suspension runs six months. With any prior DWI conviction, prior refusal, or prior administrative suspension, it jumps to two years. The suspension takes effect 30 days after you are served with notice, and you hold a temporary license during that window. If test results aren’t immediately available, the Department of Safety mails the notice and it is presumed served three days after mailing.4New Hampshire General Court. New Hampshire Revised Statutes 265-A:30 – Administrative License Suspension

You can request a hearing to challenge the suspension, but you have to do it within 30 days of service.5NH Department of Safety. Hearings FAQs Miss that deadline and the suspension locks in automatically. The administrative and court-ordered suspensions are separate actions, and you can end up serving both.

Getting Your License Back

To reinstate after an aggravated DWI conviction, you need to:

  • Finish all IDCMP requirements, including the substance use disorder evaluation and any recommended treatment or education.6New Hampshire Department of Health and Human Services. Impaired Driving Program
  • Pay a $100 reinstatement fee to the Division of Motor Vehicles.7NH Division of Motor Vehicles. Suspension and Restoration
  • Install the ignition interlock device at your own expense. If you can’t afford the full cost, you can request a hearing for a credit of up to 75 percent of installation and service charges.8NH Division of Motor Vehicles. Ignition Interlock Program
  • Pay any outstanding court fines and program costs.

Clearing the Record Later

RSA 265-A:21 bars any petition for annulment of a DWI conviction, aggravated or otherwise, until ten years after the date of conviction.9New Hampshire General Court. New Hampshire Revised Statutes 265-A:21 – Annulment of Records of Conviction Even then, the annulment is discretionary. The court reviews your record for pending charges and considers whether granting the annulment would endanger anyone. If you have multiple convictions, the waiting period has to pass for all of them before you can petition on any one.

Annulment is not a true erasure. The record stays in a permanent file and can be reopened for sentencing if you are ever charged with aggravated DWI again.9New Hampshire General Court. New Hampshire Revised Statutes 265-A:21 – Annulment of Records of Conviction It helps with employment background checks and general privacy, but it will not shield you from enhanced sentencing on a later DWI.