Fricano&Weber P.L.L.C. successfully provides personalized representaion.
Aggravated DWI in Nashua
Direct Defense Backed by Prosecution & Police Experience
An aggravated DWI charge requires close attention to why it was enhanced, how the arrest unfolded, and whether the state can prove each required element. New Hampshire calls this offense aggravated DWI, although some people search for aggravated DUI in Nashua. Fricano&Weber P.L.L.C. represents people facing these enhanced charges and other DUI and DWI offenses.
We provide personalized legal representation and treat each client as an individual, not a court filing. Our attorneys communicate directly with clients, explain the legal process in straightforward terms, and give honest assessments as the evidence develops. You’ll know who’s handling your case and what the next stage may involve.
Call (603) 823-3314 to discuss an aggravated DWI charge with our attorneys and begin evaluating the arrest, evidence, and available defense options.
Aggravated DWI Defense Informed by Both Sides of a Case
Our attorneys bring more than 15 years of private-practice experience and over 10 years of former prosecution experience to criminal defense matters. That background helps us examine how the state may organize its evidence, respond to weaknesses, and approach plea negotiations. We use that perspective to prepare a defense based on the facts of the individual arrest.
Attorney Joe Fricano’s service as a Nashua Police Officer and Military Police Officer provides practical insight into investigative procedures and evidence collection. In an aggravated DWI case, we investigate the basis for the traffic stop, the administration of field sobriety tests, and the handling of breathalyzer results or other chemical testing.
Preparation for Negotiation or Trial
We prepare each case with the expectation that it may proceed to a jury trial. We review reports, recordings, test records, officer observations, and the specific conduct cited as the aggravating factor. The prosecution must prove more than an ordinary impaired-driving charge when it alleges aggravated DWI.
Negotiation remains part of effective preparation. We can pursue a favorable plea resolution when the evidence and circumstances support that approach. If an acceptable resolution can’t be reached, we’re prepared to take the case to trial and require the state to prove the charge beyond a reasonable doubt.
What Makes a DWI Aggravated Under New Hampshire Law?
RSA 265-A:3 identifies circumstances that can elevate a standard DWI charge to aggravated DWI. The classification and potential sentence depend heavily on the alleged aggravating factor, particularly whether the case includes the statute’s injury enhancement.
Aggravating factors under the statute include:
- Driving more than 30 miles per hour above the prima facie speed limit while intoxicated or impaired.
- Causing a collision that results in serious bodily injury.
- Attempting to elude a law-enforcement officer.
- Carrying a passenger who’s younger than 16.
- Operating a vehicle with a gross combination weight rating of at least 10,001 pounds.
- Having an alcohol concentration of 0.16 or higher.
- Driving the wrong way on a divided highway or one-way road while intoxicated, as added through a 2025 amendment to New Hampshire law.
Class a Misdemeanor Aggravated DWI
Under the penalty statute, aggravated DWI that doesn’t involve the injury enhancement is generally a class A misdemeanor. A conviction carries a fine of at least $750 and a mandatory minimum sentence of 17 consecutive days in a county correctional facility. Twelve of those days are eligible for suspension, subject to the applicable statutory requirements and court orders.
Class B Felony Involving Serious Bodily Injury
This form of aggravated DWI is classified as a class B felony. New Hampshire law defines serious bodily injury as harm that causes severe, permanent, or protracted loss of or impairment to the health or function of any part of the body. A conviction carries a fine of at least $1,000 and a mandatory minimum sentence of 35 consecutive days in a county correctional facility, with 21 days suspended under the statute.
License Loss & Ignition Interlock Requirements
An aggravated DWI conviction can result in a license suspension ranging from 18 months to two years. The period may be reduced to 12 months based on compliance with the Impaired Driver Care Management Program, commonly called IDCMP. The precise consequence depends on the conviction, applicable law, and satisfaction of program and court requirements.
After the suspension or revocation period, the driver must use an ignition interlock device for at least 12 months and no more than two years. The device requires a qualifying breath sample before a vehicle can start and may require additional samples while driving. The person ordered to use it’s responsible for installation and monitoring costs.
Get a Clear Assessment of Your Aggravated DWI Charge
An early review can identify the specific enhancement alleged, the evidence supporting it, and the court process ahead. We offer free initial consultations and represent clients in Nashua and throughout Southern New Hampshire in complex criminal defense matters.
Our attorneys communicate directly with you from the initial evidence review through negotiation or trial preparation. We’ll explain the charge and discuss the next steps supported by the available facts.
Call (603) 823-3314 to schedule a free initial consultation with Fricano&Weber P.L.L.C. about an aggravated DWI charge.
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Legal Counsel Driven by Honesty
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Diligent & Aggressive Representation
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Close Attention to Detail on Every Case
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10 years of Experience as Prosecutors
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Practical Experience & A Unique Perspective as Former Prosecutors
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Always Prepared for Jury Trial
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (603) 823-3314.