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New Hampshire Aggravated DUI / DWI Penalties
New Hampshire Aggravated DUI / DWI Penalties

New Hampshire Aggravated DUI / DWI Penalties

[See NH RSA 265-A:18, I(b)]


  • Class A misdemeanor,
  • Fine of not less than $750.00 plus a court fee of not less than $180.00 (up to $2,480.00),
  • Mandatory jail sentence of not less than 5 days (17 days with 12 days suspended),
  • Full substance use disorder evaluation within 30 days of release from jail to be completed within 60 days of release,
  • Comply with all requirements of substance use disorder evaluation,
  • Install an interlock device in any car registered to the driver or regularly used by him/her,
  • Lose his/her license for not less than 18 months from the court,
  • Lose his/her license for not less than 6 months from Dept. of Safety,
  • Pay all fees for service providers throughout the process, and
  • Pay $100.00 restoration fee when license is restored.

*NH DUI/DWI involving injuries to the driver or passenger(s) of the vehicle may be charged as a felony and carry significantly greater penalties.

With minimum mandatory penalties, the stakes are high. An experienced DUI/DWI defense attorney can fight for your rights, challenge the state’s case, and work for your best outcome. Call Attorney Shawn Sweeney for a free consultation at (855) 603-3841. Experience counts!

Aggravated DUI penalties attach when a person:

  • drives or operates at a speed more than 30 miles per hour in excess of the speed limit,
  • attempts to elude pursuit by a law enforcement officer by increasing speed, turning vehicle lights off while still in motion, or abandoning the vehicle during the pursuit,
  • has a passenger a person under the age of 16,
  • has a blood alcohol content of 0.16 or  more.


A person can also be charged with Aggravated DUI/DWI if s/he causes a collision resulting in serious bodily injury. One may also be charged with Aggravated DWI even if the injury is caused to the driver him/herself. Aggravated DUI due to injury is a felony level offense that carries significantly greater penalties than other Aggravated DUI/DWI offenses.

A person who is convicted of aggravated DWI involving serious bodily injury, will be guilty of a class B felony, fined at least $1,000 plus a $240 court fee, sentenced to a at least 2 weeks in jail, ordered to install an ignition interlock device in his/her vehicles, have his/her license revoked for at least 18 months, subject to random urinalysis, all in addition to the penalties and conditions listed above for the non-injury DUI.

The maximum penalties for injury related DWI include up to 3 ½ to 7 years at the New Hampshire State Prison and fines/fees in excess of $4,000.00. It is critically important to get the best DUI lawyer you can as quickly as possible. New Hampshire’s best DUI lawyers can help you minimize the consequences of all types of DWI offenses. The earlier that you get good counsel, the better your outcome can be.

Call Attorney Shawn Sweeney now for a free initial consultation. Start damage control right away. Attorney Sweeney will examine every aspect of your case and take advantage of every opportunity to get you the best outcome.