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RSA 265-A:3 · Aggravated Driving While Intoxicated

Title
XXI: MOTOR VEHICLES
Chapter
265-A · ALCOHOL OR DRUG IMPAIRMENT
Status
current
Official source linked
Yes
Official source Copy section link

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:

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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:

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(a)

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

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(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;

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(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;

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(d)

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

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(e)

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

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(f)

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

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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:

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(a)

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

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(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;

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(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;

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(d)

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

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(e)

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

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(f)

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

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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.

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Source note

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.

Source history

  • 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

Related materials

Bill relationships

  • 2026 HB1235 reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1235-FN reference

    or arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph III or IV. (d) Any person under 21 years of age in possession of a

  • 2026 HB1248 amend · effective 2027-01-01

    ation or Under Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV to read as follows: IV. Upon conviction of any offense under RSA 265-A:2, I or RSA 265-A:3, based on a complaint which alleged that the person has had one or more prior convictions under RSA 265-A:2, I or RSA 265-A:3, [or] RSA 630:3, II, or an offense described in subparagraph IV(e), or under reasonably equiv

  • 2026 HB1248-FN amend · effective 2027-01-01

    ation or Under Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV to read as follows: IV. Upon conviction of any offense under RSA 265-A:2, I or RSA 265-A:3, based on a complaint which alleged that the person has had one or more prior convictions under RSA 265-A:2, I or RSA 265-A:3, [or] RSA 630:3, II, or an offense described in subparagraph IV(e), or under reasonably equiv

  • 2026 HB1410 amend · effective 2026-07-01

    definition of “electric bicycle” under RSA 259:27-a. III. OCEVs shall be considered “motor vehicles” under RSA 259:60 solely for the purposes of violations of RSA 265-A:2 and RSA 265-A:3. 2 New Section; Disclosures. Amend RSA 357-C by inserting after section 3-a the following new section: 357-C:3-b Disclosure of Out-of-Class Electric Vehicle Status Required. I. Any seller of a new or used elec

  • 2026 HB1410-FN amend · effective 2026-07-01

    definition of “electric bicycle” under RSA 259:27-a. III. OCEVs shall be considered “motor vehicles” under RSA 259:60 solely for the purposes of violations of RSA 265-A:2 and RSA 265-A:3. 2 New Section; Disclosures. Amend RSA 357-C by inserting after section 3-a the following new section: 357-C:3-b Disclosure of Out-of-Class Electric Vehicle Status Required. I. Any seller of a new or used elec

  • 2026 HB1486 reference · effective 2027-01-01

    any insured solely because a spouse, household member, or relative by marriage has had their license suspended or revoked, or has been convicted of driving while intoxicated under RSA 265-A. II. No insurer shall require an insured to obtain a higher level of coverage, file proof of financial responsibility, or purchase any rider, endorsement, or policy solely because of the license status or driving rec

  • 2026 HB186 reference

    r does not have lawful grounds for arrest for a different offense. (b) Nothing in this chapter shall be construed to prohibit a law enforcement agency from investigating or charging a person for a violation of RSA 265-A. (c) Nothing in this chapter shall be construed as forbidding any police officer from taking into custody any minor who is found violating paragraph II[,] or III[, or IV]. (d) Any person under 21 years of age

  • 2026 HB186-FN-A reference

    8-F:21 Driving; Minors; and Control of Property. I. Nothing in this chapter shall be construed to permit driving or operating under the influence of drugs or liquor pursuant to RSA 265-A, nor shall this section prevent the state from enacting and imposing penalties for driving under the influence of or while impaired by cannabis. II. Nothing in this chapter shall be construed to permit the transfer of

  • 2026 HB439 reference · effective 2026-01-01

    Amend RSA 263:56-a, I(b) to read as follows: (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which constitutes a moving violation under RSA 265:79, RSA 265-A:2, RSA 265-A:3, or RSA 270:29-b, and which a court has determined he or she is able to pay, or issues a bad check in payment of a fine or other penalty; or 2 Reinstatement of Suspended License; Criteria. Amend RSA 263:56-a,

  • 2026 HB439-FN amend · effective 2026-01-01

    ad as follows: (b) Fails to pay a fine or other penalty imposed in connection with a conviction of any offense which constitutes a moving violation under RSA 265:79, RSA 265-A:2, RSA 265-A:3, or RSA 270:29-b, and which a court has determined he or she is able to pay, or issues a bad check in payment of a fine or other penalty; or 2 Reinstatement of Suspended License; Criteria. Amend RSA 263:56-a, III(b)

  • 2026 SB149 amend · effective 2026-01-01

    e intoxicated. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Aggravated Driving While Intoxicated; Aggravating Factor Added. Amend RSA 265-A:3, I(d)-(e) to read as follows: (d) Carries as a passenger a person under the age of 16; [or] (e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or (f) Drives or operates a vehicle

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