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; (e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or (f) Drives or operates a vehicle in violation of 265:26, I; 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; (e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or (f) Drives or operates a vehicle in violation of 265:26, I; or III. While having an alcohol concentration of 0.16 or more.
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