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How does Aggravated DUI law affect repeat offenders?

On Behalf of | Nov 26, 2024 | Drunk Driving Defense

Driving under the influence (DUI) is a serious offense in New Hampshire. The state’s Aggravated DUI law takes an even tougher stance on certain DUI cases. This law aims to crack down on dangerous driving behaviors and repeat offenders. Understanding the specifics of this law is crucial for anyone facing DUI charges for the second time.

What qualifies as an Aggravated DUI?

In New Hampshire, certain situations can turn a DUI charge into an Aggravated DUI. According to state law, these include:

  • Driving 30 mph or more over the speed limit
  • Causing a collision resulting in serious bodily injury
  • Attempting to elude a pursuing police officer
  • Carrying a passenger under 16 years old
  • Having a blood alcohol concentration (BAC) of .16% or higher

An Aggravated DUI charge carries harsher penalties than a standard DUI. First-time offenders face a minimum of 17 days in jail and a fine of up to $2,000. They also risk license suspension for 18 months to two years.

How do Aggravated DUI laws impact repeat offenders?

Repeat offenders face even steeper consequences under Aggravated DUI law. Here are the following penalties for subsequent offenses:

  • Second offense: Minimum 60 days in jail, up to $2,000 fine, three-year license revocation
  • Third offense: Minimum 180 days in jail, up to $2,000 fine, indefinite license revocation

Repeat offenders may need to install an ignition interlock device in their vehicle and complete substance abuse treatment programs.

What can help address Aggravated DUI charges?

Facing an Aggravated DUI charge is serious. You may lose not only your license to drive but also your freedom. You need to understand state laws and legal steps. An experienced attorney can check your case details, like BAC test accuracy and if the traffic stop was legal. They may also ask prosecutors to reduce charges or find other sentencing options. Every case is unique, but having a knowledgeable lawyer helps protect your rights and work toward the best outcome.

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