1. You were driving 30 miles per hour in excess of the posted speed limit; or
2. You caused a motor vehicle accident causing serious bodily injury to someone (including yourself); or
3. You tried to flee or hide from the officer who pulled you over; or
4. You had a passenger in the car under the age of 16 years old;or
5. You had a blood alcohol concentration of over .16.

If any of these enhancing factors are present, your DWI could be charged as an “aggravated” DWI thus requiring a minimum mandatory jail sentence and other enhanced penalties.

THE MINIMUM MANDATORY SENTENCE FOR AGGRAVATED DWI:

1. A conviction for a Class A Misdemeanor (punishable by up to one year in jail);
2. A Fine of not less than $750 plus court imposed penalty assessment of 24%;
3. A Mandatory sentence of not less than 17 consecutive days in the House of Correction, of which 12 days shall be suspended. (This means you are going to serve at least 5 days in jail);
4. The Court will refer you to the Impaired Driver Care Management Program to schedule a full substance use disorder evaluation at your expense;
5. Upon release from jail you shall schedule a substance use disorder evaluation within 30 days of release (there is no initial screening as with a simple DWI conviction), complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed;
6. Your driver’s license will be suspended for not less than 18 months and up to 2 years;
7. Upon confirmation from the Impaired Driver Care Management Program that you are in full compliance with the service plan, the court may suspend up to 6 months of the sentence with the condition that an interlock device be installed for the period of the suspended sentence.
8. You will be ordered to install an interlock device for not less than 12 months nor more than 2 years at your expense;
9. You will be responsible for paying all associated costs and fees for these programs.

Our lawyers are skilled not only at securing NOT GUILTY verdicts but also at negotiating the more difficult cases so that aggravated DWIs are reduced to Reckless driving charges or some other non-jailable offense.

An Aggravated DWI is a serious charge. In each of the aggravating criteria listed in the statute, some one either has gotten seriously injured or the possibility for serious injury was present. Judges and prosecutors do not take this offense lightly and neither should you.

Call one of our experienced and aggressive DUI lawyers today for a completely free consultation. (603) 669-1738.