New Hampshire Closes DWI “Refusal

On April 20, 2026, Kelly Ayotte signed a new law aimed at cracking down on impaired driving in New Hampshire. The legislation targets what officials have long called a “DWI refusal loophole” and introduces tougher penalties for drivers who refuse a breathalyzer test.

What Changed?

Under the new law, drivers who refuse a breathalyzer test during a suspected DWI stop will face an additional 3-month administrative license suspension.

• Previous penalty: 6-month suspension
• New penalty: 9-month suspension
• Effective date: January 1, 2027

The change applies to drivers who decline to take a chemical breath test when requested by law enforcement.

Why the Law Was Passed

Before this update, New Hampshire law created an unintended incentive:

• Drivers who failed a breath test → 6-month suspension
• Drivers who refused the test → also 6-month suspension

Because the penalties were the same, many drivers chose to refuse testing—making it harder for prosecutors to prove intoxication in court. Lawmakers and law enforcement officials argued this created a major enforcement gap.

The new law is designed to remove that incentive by making refusal more costly than compliance.

A Bipartisan Effort

The bill—Senate Bill 620—passed with strong bipartisan support in the state legislature before being signed into law.

Governor Ayotte emphasized that the goal is simple: improve public safety and reduce impaired driving.

The law “closes a loophole… and saves lives on our roads.”

Why It Matters

New Hampshire has historically had one of the highest breath test refusal rates in the country, with a significant percentage of suspected impaired drivers declining testing.

Officials believe the tougher penalty will:

• Encourage more drivers to comply with testing
• Strengthen DWI prosecutions
• Reduce impaired driving incidents

Additional Penalties Still Apply

It’s important to understand that refusing a breath test does not prevent a DWI charge. Drivers may still face:

• Criminal DWI charges
• Fines and court penalties
• Possible jail time (depending on the offense)
• Longer suspensions for repeat violations

The new law simply adds extra administrative consequences for refusal.

Key Takeaway

Starting in 2027, refusing a breathalyzer in New Hampshire will carry more severe consequences than taking the test, closing a long-standing loophole in the state’s DWI enforcement system.

For drivers, the message is clear:
refusing a test is no longer the “safer” legal option—and the penalties are getting stricter.

On April 20, 2026, Kelly Ayotte signed a new law aimed at cracking down on impaired driving in New Hampshire. The legislation targets what officials have long called a “DWI refusal loophole” and introduces tougher penalties for drivers who refuse a breathalyzer test.

What Changed?

Under the new law, drivers who refuse a breathalyzer test during a suspected DWI stop will face an additional 3-month administrative license suspension.

• Previous penalty: 6-month suspension
• New penalty: 9-month suspension
• Effective date: January 1, 2027

The change applies to drivers who decline to take a chemical breath test when requested by law enforcement.

Why the Law Was Passed

Before this update, New Hampshire law created an unintended incentive:

• Drivers who failed a breath test → 6-month suspension
• Drivers who refused the test → also 6-month suspension

Because the penalties were the same, many drivers chose to refuse testing—making it harder for prosecutors to prove intoxication in court. Lawmakers and law enforcement officials argued this created a major enforcement gap.

The new law is designed to remove that incentive by making refusal more costly than compliance.

A Bipartisan Effort

The bill—Senate Bill 620—passed with strong bipartisan support in the state legislature before being signed into law.

Governor Ayotte emphasized that the goal is simple: improve public safety and reduce impaired driving.

The law “closes a loophole… and saves lives on our roads.”

Why It Matters

New Hampshire has historically had one of the highest breath test refusal rates in the country, with a significant percentage of suspected impaired drivers declining testing.

Officials believe the tougher penalty will:

• Encourage more drivers to comply with testing
• Strengthen DWI prosecutions
• Reduce impaired driving incidents

Additional Penalties Still Apply

It’s important to understand that refusing a breath test does not prevent a DWI charge. Drivers may still face:

• Criminal DWI charges
• Fines and court penalties
• Possible jail time (depending on the offense)
• Longer suspensions for repeat violations

The new law simply adds extra administrative consequences for refusal.

Key Takeaway

Starting in 2027, refusing a breathalyzer in New Hampshire will carry more severe consequences than taking the test, closing a long-standing loophole in the state’s DWI enforcement system.

For drivers, the message is clear:
refusing a test is no longer the “safer” legal option—and the penalties are getting stricter.