{"data":{"id":"us-nh/rsa-265-a-3","jurisdiction":"us-nh","citation":"RSA 265-A:3","heading":"Aggravated Driving While Intoxicated.","body":"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:\nI. 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:\n(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;\n(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;\n(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;\n(d) Carries as a passenger a person under the age of 16;\n(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or\n(f) Drives or operates a vehicle in violation of 265:26, I;\nII. 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:\n(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;\n(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;\n(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;\n(d) Carries as a passenger a person under the age of 16;\n(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or\n(f) Drives or operates a vehicle in violation of 265:26, I; or\nIII. While having an alcohol concentration of 0.16 or more.","path":["Title XXI: MOTOR VEHICLES","Chapter 265-A: ALCOHOL OR DRUG IMPAIRMENT","Driving or Operating Under the Influence of Drugs or Liquor"],"source_url":"https://gc.nh.gov/rsa/html/XXI/265-A/265-A-3.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T14:35:58Z","sha256":"223723b7a191245b61c649d5dd978c585e5a1db2a43c264fba08929763c05414","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-265-a-2","next":"us-nh/rsa-265-a-3-a"},"notice":"GroundRules: Original legal text. Not legal advice."}