State v. Jenkins

These two cases, consolidated on appeal, present the question whether principles of due process or equal protection *673require that an individual arrested for driving while intoxicated, RSA 265:82 (Supp. 1985), be advised, prior to submitting to a chemical test for intoxication, that the results of the test may result in a charge for the more serious offense of aggravated driving while intoxicated, RSA 265:82-a (Supp. 1985). We hold that neither the due process nor the equal protection clause of either the State or Federal Constitutions requires that individuals be apprised of the possibility…