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Senate panel weighs HB776 to make wrong‑way driving an aggravated DWI offense
Summary
New Hampshire State Police told the Judiciary Committee HB776 would add wrong‑way driving on divided highways or interstates to the list of aggravating DWI circumstances after a rise in wrong‑way reports; committee members questioned how non‑impaired wrong‑way driving would be treated and how the change would affect penalties.
The Senate Judiciary Committee heard testimony on HB776, a bill that would make wrong‑way driving on controlled‑access or divided highways an aggravating factor when committed while the driver is impaired by alcohol or drugs. Lieutenant Chris Storm of the New Hampshire State Police told the panel wrong‑way incidents have increased and frequently involve impairment.
"HB776 ... aims to add wrong way driving to the list of aggravated DWI offenses in New Hampshire," Lieutenant Chris Storm said. "In recent years, we have witnessed a significant increase in wrong way driving incidents with reports averaging nearly 1 occurrence per day on our roadways. Many of these operators are found to be impaired by drugs or alcohol posing a severe risk to themselves and others."
Storm said the department's CAD dispatch data and citizen reports show the frequency of wrong‑way reports on the interstate system and argued elevating the offense to aggravated DWI would allow prosecutors and courts to apply the higher penalties that attend aggravated DWI convictions. Committee members asked whether the proposed change would apply when a driver is traveling the wrong way but is not impaired; Storm answered that the bill would add wrong‑way driving as an aggravating circumstance only when the operator is under the influence.
When asked whether an aggravating factor would apply if the driver was not intoxicated, the witness responded, "There is not. So if you're driving the wrong way, it is part of that statute ... it is a violation level offense. ... If you violate that while you're under the influence of alcohol and or drugs, that will be an aggravating circumstance." He also confirmed that, if elevated to aggravated DWI, the case would carry the increased license suspensions and penalties that accompany aggravated DWI convictions.
Committee members did not take a formal vote during the hearing. HB776 remains under committee consideration following the testimony.
Ending: The hearing closed after testimony and questions; no committee action was recorded.
