New Hampshire DWI Law Update: License Suspension for Refusing a Breath or Blood Test Increases from 6 to 9 Months
(Effective January 1, 2027) New Hampshire drivers facing a DWI arrest now have a stronger incentive to cooperate with law enforcement and submit to a breath or blood alcohol test. On April 16, 2026, the New Hampshire Senate gave final approval to Senate Bill 620 (SB 620), which Governor Kelly Ayotte has pledged to sign. The bill closes a long-criticized “loophole” by increasing the administrative license suspension for refusing a chemical test from 6 months to 9 months for first-time refusals.
This change, recommended by Governor Ayotte's Safe Driving Task Force, addresses New Hampshire's unusually high DWI test refusal rate (around 70% over the past two years, versus a national average of 25%). The goal is to save lives by encouraging more motorists to provide evidence of impairment (or lack thereof) at the roadside or station. indepth.org
- First refusal → 9 months administrative suspension, instead of 6 months.
- The bill includes provisions for repeat offenses, potential court credit of up to 180 days of the refusal suspension upon a guilty plea to certain DWI charges, and enhanced options for aggravated DWI offenders (those who badly fail a test) to complete substance abuse treatment in lieu of short county jail time.
Bill to compel more motorists to take DWI test goes to Ayotte (April 16, 2026)
What This Means for Someone Who Refuses to Blow or Give Blood
If you are arrested for DWI/DUI in New Hampshire after January 1, 2027 and you refuse the requested breath, blood, or urine test:
- You will face an immediate administrative license suspension of 9 months (first offense) instead of the current 6 months.
- The suspension is administrative—it is imposed by the Department of Motor Vehicles (DMV) based on the officer's sworn report and happens before your criminal trial.
- You still have the right to request an administrative hearing within 30 days of the notice. At the hearing, you can challenge the suspension on limited grounds (e.g., whether the officer had reasonable grounds for the stop, properly requested the test, or informed you of the consequences of refusal).
- If convicted in court, any additional license suspension ordered by the judge will run consecutively—meaning your total time without a license could be significantly longer. (18 months)
- Refusing does not prevent police from obtaining a warrant for a blood draw in many cases, and the refusal itself can be used as evidence against you at trial.
Relevant New Hampshire Statutes
-
RSA 265-A:14 – Refusal of Consent (sets the suspension periods for test refusal)
Current text (pre-2027) - RSA 265-A:30 – Administrative License Suspension (procedure and timelines)
Current text - Full bill text and status updates are available on the New Hampshire General Court website (search SB 620, 2026 session).
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