This time of year brings a dangerous rise in crashes caused by drunk and drugged driving. You can bet that New Hampshire law enforcement officers will be out in force over the next couple of months watching for people they suspect of driving under the influence.
Apart from the obvious safety risks, impaired driving can have life-altering legal consequences. Any impaired driving charge is serious. However, when specific factors are present, a person can be charged with aggravated DWI.
Current aggravating factors
Currently, a DWI can be elevated to “aggravated” if the driver:
- Is carrying a passenger under 16
- Is going more than 30 miles over the speed limit
- Is evading law enforcement
- Has a blood alcohol concentration of a least .16%
- Causes a collision with serious injuries
- Is driving a commercial vehicle
Beginning on Jan. 1, 2026, wrong-way driving is being added to that list.
Wrong-way driving is one of the most dangerous driving behaviors that those under the influence engage in. Drivers who aren’t fully aware of what they’re doing can end up going the wrong direction – particularly if they’re in an unfamiliar area and it’s dark. One New Hampshire State Police officer testified before state lawmakers this year that law enforcement agencies get calls about wrong-way drivers almost daily.
Increased penalties
Aggravated DWI comes with harsher penalties than a “regular” DWI. These penalties increase even more if the impaired driver causes a serious crash. The offense is then a class B felony that carries a minimum sentence of two weeks behind bars and a minimum $1,000 fine. An impaired wrong-way driver can also face civil liability from injured victims or surviving loved ones, which can be extensive.
While many people picture wrong-way driving as someone speeding down the wrong lane of an interstate, it can happen by heading the wrong way on a one-way street or an exit ramp. Even driving a short distance in the opposite direction of traffic can lead to an aggravated DWI if you have been drinking. Whatever the circumstances, it’s crucial to have experienced legal guidance to protect your rights and your future.
