Section 265-A:3 Aggravated Driving While Intoxicated. - New Hampshire Statutes

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 or any combination of intoxicating liquor and controlled drug or drugs 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; 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 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; 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. 2006, 260:1, eff. Jan. 1, 2007.