Aggravated DWI
RSA 265-A:3 — 0.16 or more, 30 over the limit, a passenger under 16, or a crash with serious injury
Driving while impaired, or at 0.08 or more, 0.02 for a driver under 21, becomes aggravated DWI when the driver also:
- drives more than 30 miles per hour over the prima facie limit;
- causes a collision resulting in serious bodily injury to themselves or another;
- tries to elude a law enforcement officer;
- carries a passenger under the age of 16; or
- drives a vehicle with a gross combination weight rating of 10,001 pounds or more.
Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.
At 0.16, whatever else. Driving with an alcohol concentration of 0.16 or more is aggravated DWI on its own.
A first aggravated DWI is a class A misdemeanor with a fine of not less than $750 and a mandatory sentence of not less than 17 consecutive days in the county correctional facility, of which 12 are suspended.
Sources for this section (2)
- RSA 265-A:3 — Aggravated Driving While Intoxicated
- RSA 265-A:18 — Penalties for Intoxication or Under Influence of Drugs Offenses
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.