When a DWI accident results in serious bodily injury, New Hampshire elevates the charge to a Class B felony under RSA 265-A:3. These cases are among the most severe impaired driving offenses and can carry years in prison along with a permanent felony record.
What Counts as “Serious Bodily Injury”?
The law defines serious bodily injury as harm that creates:
- Substantial risk of death
- Serious permanent disfigurement
- Protracted loss or impairment of function of a body part
This goes far beyond minor scrapes or bruises. The prosecution must prove that the alleged impairment caused the injury.
Penalties for Felony Aggravated DWI
- Class B felony conviction
- Mandatory minimum 21 days in jail, with the potential for years in prison
- Fine of at least $1,000 (often higher)
- License revocation of at least 18 months, and up to 2 years
- Required IDCMP program and compliance with treatment
- Ignition interlock device for multiple years upon reinstatement
- Civil lawsuits for damages by injured parties
Collateral Consequences
- Permanent felony record visible to employers, landlords, and licensing boards
- Loss of professional licenses and government clearances
- Immigration consequences, including deportation
- Civil liability in personal injury lawsuits, adding financial ruin on top of criminal penalties
- Long-term damage to your reputation in the community
Bowser Law’s Defense Strategy
Felony aggravated DWI cases demand aggressive and detail-oriented defense. We use:
- Accident reconstruction experts to determine if impairment truly caused the crash
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