A driving under the influence (DUI) charge is a severe legal issue that may lead to significant legal consequences for first-time and repeat convictions. Aggravated driving under the influence charges come with even more substantial legal penalties that can have a lasting impact on a person’s life. Learn about what an aggravated DUI charge means, and discover how an experienced New Hampshire criminal law attorney from Friedman & Bresaw, PLLC can help those facing this type of driving charge; book a consultation with a member of our legal team today by calling (603) 707-4800.
Understanding Aggravated DUI Charges
Every state, as well as the District of Columbia, considers it illegal to drive a vehicle while under the influence of drugs or alcohol (in most states, this is when an individual’s blood alcohol content (BAC) is 0.08% or higher). This is due to excessive drinking or substance use being a public health problem, as well as the dangers of impaired driving; for instance, driving under the influence of alcohol kills 37 individuals daily, as outlined by the National Highway Traffic Safety Administration (NHTSA). A DUI charge in itself is a serious offense, but an aggravated driving under the influence charge is an even more severe charge.
An aggravated driving under the influence charge comes about when the state believes an individual has operated a vehicle while drunk or impaired in the presence of aggravating factors when the incident occurred. Many states consider a first-time DUI offense as a misdemeanor, whereas an aggravated charge could be a felony, leading to increased legal penalties.
What Are Examples of Aggravating Factors?
Each state has differing aggravating factors. An explanation of the common aggravating factors applying to most states is below.
High BAC Levels
All states establish a BAC legal limit, and the law in these states considers anyone caught operating a vehicle while over this limit to have committed a driving while under the influence offense, without requiring additional evidence of intoxication; according to the NHTSA, this ranges from 0.05% to 0.08% depending on location and whether a person has previous DUI convictions. If a motorist suspected of committing a DUI offense has a very high level of BAC, which is typically either at least double the limit or a specific amount, this can lead to aggravated driving under the influence charge, potentially resulting in higher fines and longer jail time.
Minor Vehicle Passengers
Having children in the vehicle during the incident may also lead to aggravated driving under the influence charge, and each state has varied age ranges that can trigger additional penalties. For instance, some states set this range as under 16, whereas others have a maximum age of 12. Furthermore, certain states may consider the offense taking place near a school as an aggravating factor, even if no minors were present during the incident.
Several DUI Convictions
A state may seek an aggravated charge against a motorist with prior DUI convictions depending on their recency, including if these occurred in a different state. They may seek harsher penalties in this instance to discourage repeat offenses.
Causing Harm or Death
A DUI charge could escalate to an aggravated one if the driver injured or killed another person when driving while impaired; such injuries may include disfigurement, a lasting disability, or other severe injury. This includes harming or killing either a passenger in the vehicle or other individuals outside the vehicle.
Refusing Testing
In most states, motorists implicitly consent to chemical testing if suspected of impaired driving in exchange for driving privileges. If an individual refuses this type of testing, a motorist can expect to face legal penalties, and the state could seek an aggravated charge due to this refusal.
Explore the subject of an aggravated DUI charge in more detail, and learn how a knowledgeable New Hampshire criminal law attorney may aid drivers facing criminal charges. Get in touch with Friedman & Bresaw, PLLC to organize a consultation.
Speeding Excessively
Some states may opt for an aggravated charge if an individual excessively speeds beyond a specified threshold. For instance, a person found speeding in excess of 30 miles an hour over the speed limit may face more significant legal penalties compared to someone who was only mildly speeding.
Driving With a Revoked or Suspended License
If an individual is facing a DUI charge with a revoked or suspended driver’s license, this can lead to an aggravated charge. This is mainly due to an individual choosing to disregard the law by operating a motor vehicle without a valid license.
Mitigating DUI Factors
While these factors may not assist individuals in avoiding the minimum legal penalties, they could help reduce the chances of receiving a more serious DUI conviction. These factors include having no previous criminal history, low BAC levels, voluntarily pursuing treatment for alcohol or substance abuse, accepting responsibility for their actions, and possessing an unblemished driving record.
What Does Aggravated DUI Mean in New Hampshire?
New Hampshire defines driving under the influence as operating or attempting to operate a motor vehicle while impaired through the use of alcohol, controlled drugs, prescription or over-the-counter medicine, synthetic or natural chemical substances, or an amalgamation of these items. In terms of alcohol use, New Hampshire considers someone impaired if they have a BAC level of 0.08% or greater for non-commercial drivers and 0.02% or greater for commercial motorists. Here, a motor vehicle refers to any type of propelling-motor vehicle, including cars, SUVs, trusts, snowmobiles, off-highway recreational vehicles, boats, and other watercraft, and all-terrain vehicles; worth noting is that the law does not require the vehicle to be moving but does require the individual to be sitting in the driver’s seat.
In New Hampshire, a DUI charge can extend to an aggravated one if the motorist was driving at least 30 miles per hour faster than the advertised speed limit, caused severe bodily harm to someone else, evaded the police, drove a commercial vehicle, transported a minor aged 16 or below, or was driving with a BAC level of 0.16% or more at the time of the incident. Aggravated driving under the influence offenses are Class A misdemeanors, which carry penalties of a $750 fine, a mandatory jail sentence of 17 days with a 12-day suspension, a thorough substance abuse evaluation and treatment program, a license suspension between 18 months and two years, and the implementation of an ignition interlock device (IID) for a maximum of two years. However, an aggravated charge in New Hampshire could escalate to a felony charge in the following scenarios:
- Fourth DUI onwards: New Hampshire considers fourth DUI offenses committed within a decade as felonies, carrying penalties of a maximum fine of $10,000 and jail time of 10 years.
- Severe injury: DUI offenses involving another individual’s serious injury could become a felony, leading to a jail sentence between three and a half and seven years, significant fines, a license revocation of at least 18 months, and the implementation of an IID.
- Death: If the DUI offense results in a person’s death, the state may class this as a felony, as well as negligent homicide, carrying a license suspension of at least seven years, a maximum fine of $4,000, and a maximum jail sentence of 15 years.
Book a Consultation With an Experienced and Dedicated New Hampshire Criminal Law Attorney Today
The potential legal consequences associated with DUI charges can include jail time, fines, and license suspensions, as well as increased car insurance premiums; moreover, aggravating factors, such as driving under the influence with a minor in the vehicle or driving while heavily impaired, may enhance these penalties if the state decides to pursue a felony charge rather than a misdemeanor. If arrested and facing DUI charges, consider speaking to a lawyer to obtain case assistance, legal representation, and advice. Acquire a more detailed understanding of what an aggravated DUI charge involves, and find out how Friedman & Bresaw, PLLC might assist motorists facing these kinds of charges; call our firm today at (603) 707-4800 to discuss the case with a seasoned Meredith criminal law attorney.
