What is AGGRAVATED DWI?

The more serious charge of aggravated DWI may be brought against you if certain specified circumstances exist, the most common of which is if a chemical test shows an alcohol concentration of 0.16% or more; you also may be charged with aggravated DWI if you were in excess of thirty miles an hour over the speed limit or attempted to flee or elude the police or if you were transporting someone under the age of sixteen at the time of the offense. Aggravated DWI is a criminal offense, a class A misdemeanor, unless you are charged with a more serious felony for having caused serious bodily injury (including injury to yourself) while under the influence of alcohol or drugs. If convicted of an aggravated DWI other than a felony, you must be fined between $750.00 and $2000.00, plus mandatory penalty assessment of 20% of the amount of your fine. You will be sentenced to a minimum of three days in the County House of Correction, up to a maximum of one year, immediately followed by seven days in the Multiple DWI Intervention Detention Center (MOP), In addition, you will receive a license loss of between one and two years; in the case of a felony based on serious bodily injury, the minimum jail sentence is 14 consecutive days, followed by seven days in the Multiple DWI Intervention Detention Center (MOP). The minimum license loss that the Court may impose is eighteen months, but six months of that period may be suspended by the Court if you enter into a mandatory alcohol treatment program within forty-five days of the date of your conviction; your failure to enter the program in a timely fashion will prevent the court and the Department of Safety from restoring your license sooner than eighteen months unless you can demonstrate extenuating circumstances to the division of health and human services. Prior to restoration, you must have completed the Multiple Offender Program; you are also required to begin following any treatment recommendations within 60 days of the date you complete the program.