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RSA 265-A:3: Aggravated Driving While Intoxicated

Document type
RSA section
Citation
RSA 265-A:3

265-A:3 Aggravated Driving While Intoxicated. – A person shall be guilty of aggravated driving while intoxicated if the person drives, operates, or attempts to operate an OHRV, or if the person drives or attempts to drive a vehicle upon any way, or if the person operates or attempts to operate a boat:

I.

While under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and controlled drug or drugs, prescription drug or drugs, over-the-counter drug or drugs, or any other chemical substance or substances, natural or synthetic, which impair a person's ability to drive and, at the time alleged:

(a)

Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;

(b)

Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another;

(c)

Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lamps while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;

(d)

Carries as a passenger a person under the age of 16;

(e)

Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or

(f)

Drives or operates a vehicle in violation of 265:26, I;

II.

While having an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21 at the time of the offense, 0.02 or more and, at the time alleged:

(a)

Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;

(b)

Causes a motor vehicle, boating, or OHRV collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another;

(c)

Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps or, in the case of a boat, navigational lights while still in motion, or abandoning a vehicle, boat, or OHRV while being pursued;

(d)

Carries as a passenger a person under the age of 16;

(e)

Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or

(f)

Drives or operates a vehicle in violation of 265:26, I; or

III.

While having an alcohol concentration of 0.16 or more. Source. 2006, 260:1. 2012, 267:3, eff. Jan. 1, 2013. 2020, 33:8, 9, eff. Jan. 1, 2021. 2025, 290:1, 2, eff. Jan. 1, 2026.