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Panel considers adding wrong-way driving as aggravating factor for DWI

2159615 · January 28, 2025

Summary

Senate Bill 149 would make driving the wrong way on a highway an aggravating factor that can elevate a driving-while-intoxicated offense to an aggravated DWI. Law enforcement testified the change addresses a spike of wrong-way incidents tied to impaired drivers.

Senate Bill 149, introduced by Sen. Regina Buritzel as a request from the Department of Safety, would add driving the wrong way on the road (a violation of RSA 265:26 I) to the list of aggravating factors that can elevate a DWI to aggravated DWI.

Trooper Sam Provenza, commander of the New Hampshire State Police drug recognition expert unit, told the committee that wrong-way driving on highways has produced severe, frequently fatal crashes and that many wrong-way incidents are linked to alcohol or drug impairment. “We have a problem in the state of New Hampshire with people driving the wrong way on our highways,” Provenza said, citing 629 wrong-way driver calls to State Police from June 2021 to February 2024.

Proponents said the proposed addition would help deter dangerous behavior and hold impaired drivers more accountable. The Department of Safety testified in support of the bill.

Committee members asked for clarification and details; there were no committee votes recorded at the hearing. The committee adjourned the hearing on SP 149 after testimony from the State Police and the bill’s sponsor.

Ending: No committee action was taken at this hearing; sponsors and law enforcement indicated support for the measure.

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