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New Hampshire Ups DUI Test Refusal Penalty

May 1, 2026

New Hampshire Governor Kelly Ayotte recently signed into law an increase in the penalty for drivers who refused a breath alcohol test when stopped on suspicion of driving under the influence (DUI).

Senate Bill 620 increases the administrative license suspension time from six to nine months for drivers who refuse DUI testing. Under current law, the suspension time for a driver convicted of a DUI is the same as a driver who refuses testing, which backers of the new law maintain creates a loophole incentive to not cooperate with law enforcement.

The new law will take effect January 1, 2027.

Since 2018, more than 260 Granite Staters have been killed in crashes caused by impaired drivers, according to the state.

The bill passed with bipartisan support.

“By increasing the administrative license suspension time when someone refuses a breath alcohol test, we’re closing a loophole in our law that has discouraged cooperation with law enforcement and kept drivers from being held accountable for DUIs,” said Ayotte.

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