2006 New Hampshire Statutes - Section 265:82-a Aggravated Driving While Intoxicated.


    A person shall be guilty of a violation of this section if the person drives or attempts to drive a vehicle upon any way:
    I. While under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug and, at the time alleged:
       (a) Drives at a speed more than 30 miles per hour in excess of the prima facie limit;
       (b) Causes a motor vehicle collision resulting in serious bodily injury, as defined in RSA 625:11, to the person or another;
       (c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning a vehicle while being pursued; or
       (d) Carries as a passenger a person under the age of 16;
    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 or, in the case of a person driving a commercial motor vehicle and licensed pursuant to RSA 263:86 at the time of the offense and notwithstanding the provisions of RSA 263:94, 0.04 or more and, at the time alleged:
       (a) Drives at a speed more than 30 miles per hour in excess of the prima facie limit;
       (b) Causes a motor vehicle collision resulting in serious bodily injury, as defined in RSA 625:11, to the person or another;
       (c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning a vehicle while being pursued; or
       (d) Carries as a passenger a person under the age of 16; or
    III. While having an alcohol concentration of 0.16 or more.

Source. 1983, 373:10. 1989, 353:12. 1993, 48:7. 1996, 130:2, eff. Jan. 1, 1997. 2004, 109:2, eff. Jan. 1, 2005.

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