What Is a Felony DWI in New Hampshire?

Aggravating factors that can make a drunk driving charge a felony.

In New Hampshire, you can get a DWI (driving while intoxicated) for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. In most situations, a DWI conviction is going to be a misdemeanor. But, in certain circumstances, a DWI can be charged as a felony.

Here are some of the circumstances that can result in felony DWI charges in New Hampshire.

Fourth or Subsequent DWI Conviction Is a Felony

First, second, and third DWIs are typically misdemeanors in New Hampshire. However, when an offense has three or more prior DWI convictions that occurred within the past ten years, the current offense will be a felony.

A fourth or subsequent DWI conviction carries a minimum $750 fine, at least 120 days in jail, and indefinite license suspension (reinstatement is possible after seven years).

A third DWI conviction within five years carries $2,000 to $5,000 in fines and one to five years in jail or prison. Fourth and subsequent DWI convictions carry $3,000 to $10,000 and two to ten years in prison.

Felony Charges for DWIs Involving Injuries and Deaths

A DWI involving an accident where someone is seriously injured is considered an "aggravated DWI." A conviction for this type of offense is a class B felony and carries a minimum $1,000 fine, at least 35 days in jail, and a minimum 18-month license revocation.

Causing the death of another person while driving under the influence is "negligent homicide." Convicted motorists face class A felony charges, up to 15 years in prison, a maximum $4,000 fine, and indefinite license suspension (with reinstatement possible after seven years).

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