New Hampshire Revised Statutes 265-A:3 – Aggravated Driving While Intoxicated
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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 N.H. Rev. Stat. § 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; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more;
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 N.H. Rev. Stat. § 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; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
III. While having an alcohol concentration of 0.16 or more.
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:
Terms Used In New Hampshire Revised Statutes 265-A:3
- Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
- Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
- Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - OHRV: shall mean an off highway recreational vehicle. See New Hampshire Revised Statutes 259:70
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122 - Way: shall mean :
I. See New Hampshire Revised Statutes 259:125
(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 N.H. Rev. Stat. § 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; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more;
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 N.H. Rev. Stat. § 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; or
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
III. While having an alcohol concentration of 0.16 or more.