subject: Aggravating Factors In A New Hampshire Dwi Case [print this page] If you are arrested for DWI, driving while intoxicated, in New Hampshire, there are a number of things that can cause your punishment to be more severe. These are called aggravating factors, which can really add a lot to your sentence if you are found guilty. Defendants with aggravating factors added to a DWI should seek the advice of a lawyer early in the case, to limit the penalty as much as possible.
One of the primary aggravating factors is the presence of minors in the vehicle. A minor is technically someone under the age of eighteen in most states, but normally means those under the driving age in this case. In other words, if you are driving while intoxicated, and are carrying around someone who is too young to drive, then you are taking an extremely high risk of injuring that person, since they cannot drive themselves home.
New Hampshire DWI laws specifically mention having any passenger under the age of sixteen in the car while driving intoxicated. This aggravating factor can carry a hefty addition to your sentence during that phase of the trial. It mostly depends on circumstance and it is at the judge's discretion. However, a mandatory minimum penalty of 3 days jail and 7 days to the MOP program will be imposed by statute.
Driving an excess of thirty miles per hour over the posted legal speed limit is another aggravating factor, and can be considered a separate crime. It is normally considered reckless driving, and can significantly increase your potential for jail time and/or license suspension, in addition to what you receive for the DWI. You could easily lose control of the vehicle with an aggravating factor such as this, causing serious injury or death to everyone around you, and yourself.
Never run from the police just because you know that you are driving DWI. It is much better to pull over, take the sobriety test, and be arrested for DWI than add this type of aggravating factor to your case. Evading law enforcement is a serious crime in New Hampshire, and will cause a judge to add a significant penalty to your sentence.
Driving with a BAC, blood alcohol content, at least double the legal limit is another aggravating factor that can carry a hefty penalty. The legal limit in New Hampshire is .08%, so driving with a BAC of at least .16% is a very serious offense. Things like this show increased impairment and recklessness, and carry harsh penalties for even a first offense, including the mandatory minimum 10 consecutive days (3 days house of corrections and 7 days MOP program) confinement.
Finally, if the DWI caused an accident that resulted in serious injuries or fatalities, then you incur the risk of a much stricter sentence. In addition, if the media can get access to your name and/or picture to add to the story, you will have the lifetime addition of social stigma for you and your family, regardless of the outcome of your case. The public takes these cases seriously, and if they believe that you were the cause of serious injuries or death due to DWI, it can keep you from a lot of the finer things in life.
This information is provided solely for informational purposes and does not constitute legal advice.
