New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 265-A:3 (2026)
Aggravated Driving While Intoxicated
✓ current as of May 2026
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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:
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 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;
(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 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;
(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.
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 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;
(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 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;
(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.
Source. 2006, 260:1. 2012, 267:3, eff. Jan. 1, 2013. 2020, 33:8, 9, eff. Jan. 1, 2021.
Notes of Decisions
Cited in 19
cases (8 in the last 5 years), 2007–2024 · leading case: State v. James Fogg, 168 A.3d 1145 (N.H. 2017).
State v. James Fogg, 168 A.3d 1145 (N.H. 2017). “See RSA 265-A:3 (2014). On appeal, the defendant asserts that the trial court's interpretation of RSA 265-A:3 is incongruent with the statute's text and legislative history, and also violates his double jeopardy rights under the State and Federal Constitutions.”
State v. Gallagher, 951 A.2d 130 (N.H. 2008). “The sentencing statute provides in pertinent part: 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:2,1 or RSA 265-A:3, or RSA 630:3, II, or under…”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “), the defendant, Joshua Lamy, was convicted of three felony counts of aggravated driving while impaired, see RSA 265:82 (2004) (repealed 2006; current version at RSA 265-A:3 (Supp. 2008)), two counts of second degree assault, see RSA 631:2 (2007), two counts of manslaughter,…”
State v. Lathrop, 58 A.3d 670 (N.H. 2012). “2012)(Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration); and RSA 265-A:3 (Supp. 2012) (Aggravated Driving While Intoxicated).”
In re Search Warrant for Med. Records of C.T., 160 N.H. 214 (N.H. 2010). “See RSA 265-A:3,1(b) (Supp. 2009). Trooper Gacek applied to the district court for a search warrant, submitting an affidavit reciting the foregoing facts and asserting that a broken ankle constitutes serious bodily injury.”
State v. Steimel, 921 A.2d 378 (N.H. 2007). “See RSA 265:82-a (2004) (current version at RSA 265-A:3 (Supp. 2006)). After his arrest, the defendant was given an Administrative License Suspension form, informed of his rights and a blood sample was taken.”
State v. Davis, 12 A.3d 1271 (N.H. 2010). “The police subsequently charged the defendant with aggravated DWI pursuant to RSA 265-A:3, III (Supp. 2010). Prior to trial, the defendant filed a motion to suppress, in which he argued that seizure of his medical records without a warrant violated Part I, Article 19 of the New…”
State v. Van Uden, 2024 N.H. 47 (N.H. 2024). “at 235; see RSA 265-A:3 (2014) (amended 2020). At issue on appeal was whether the language of the aggravated DWI statute supported only one charge.”
In Re Ct, 999 A.2d 210 (N.H. 2010). “See RSA 265-A:3, I(b) (Supp.2009). Trooper Gacek applied to the district court for a search warrant, submitting an affidavit reciting the foregoing facts and asserting that a broken ankle constitutes serious bodily injury.”
State v. Jean Claude Mfataneza, 210 A.3d 874 (N.H. 2019). “See RSA 265-A:3 (2014). On appeal, he argues that the Trial Court ( McNamara , J.”
State v. Keller, 2024 N.H. 42 (N.H. 2024). “See RSA 265-A:3, I(b) (2024). The defendant argues that: (1) the methodology that Scarneo used was not sufficiently reliable to meet the requirements for admission; and (2) the evidence was insufficient to prove the required element of serious bodily injury.”
Dianna Rudder v. Dir., New Hampshire Div. of Motor Vehs. (N.H. 2022). “For the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, and RSA 265-A:3, any public highway, street, avenue, road, alley, park, parking lot or parkway; any private way laid out under authority of statute; ways provided and maintained by public institutions to which state…”
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