Aggravated DWI? Sorry if you\'ve already explained, I haven\'t read the entire thread.
NH DWI vs. Aggravated DWI:
DWI, 1st OffenseRSA 265:82 and RSA 263:65-a
Classified as a
violation.
Fine: Not less than $350 and not more than $1,000.
License revocation: 90 days (minimum), up to 2 years. For any offender with a prior conviction(s), in this or any other state, within 7 years preceding the date of the second or subsequent offense, the revocation shall be for not less than 180 days nor more than 3 years. (RSA 265:82-b).
An Impaired Driver Intervention Program must be "successfully completed" prior to restoration. This means meeting further counseling requirements, if any, arising out of the final evaluation at the IDIP provided, however, that the offender shall have the right to a hearing at the Dept. of Safety. At the hearing, the hearing officer shall determine whether the further counseling requirements are "warranted and appropriate" and whether the offender shall be eligible for license restoration. (Effective 1/1/97)
Immediately following a conviction for any offense under RSA 265:82, the DMV shall examine the offender\'s motor vehicle record for a prior DWI conviction (under RSA 265:85 or within RSA 265:82-a) over the preceding seven years. If a prior conviction exits, the license or privilege to drive shall not be restored until the offender has successfully completed a seven-day residential Phase II Impaired Driver Intervention Program. [RSA 265:82-bVI (a) and (b)].
Aggravated DWIRSA 265:82-a
Classified as a
misdemeanor (except for provisions listed below*).
Fine: not less than $500 or more than $1,000 (except for provisions listed below*).
License revocation: 1 year mandatory, or for a period not to exceed 2 years.
Aggravated DWI is based on a blood alcohol concentration of .16% or higher OR a blood alcohol reading of .08% or higher, or being under the influence of intoxicating liquor and/or any controlled drug, PLUS any of the following:
speed 30 mph over posted limit.
involvement in an accident resulting in serious bodily injury.
attempting to elude an officer by increasing speed, diminishing headlights, or attempting to leave the scene of an accident.
Conviction of Aggravated DWI based on involvement in an accident resulting in serious bodily injury is classified as a Class B felony, and carries a fine of $1,000 - $2,000 and a license revocation of 1 year minimum mandatory up to two years. [RSA: 265:82-aI (b) & II(b), RSA 265:82-bII]
For those arrested for DUI / DWI after January 1, 2005, there are enhanced punishments.
For an aggravated DWI conviction, you must now complete a seven-day residential treatment program at the State\'s Multiple DWI Offender Detention Center in Laconia; that sentence must be served within 24 days of your conviction and follows a minimum of three days in the County House of Correction.
