Ayotte calls for higher penalties for refusing breath alcohol test

The price you pay for refusing a Breathalyzer in New Hampshire could double under a bill supported by New Hampshire Gov. Kelly Ayotte.

In a press conference on March 10, Ayotte called for an increase to the penalty for refusing a breath alcohol test, calling the current law a dangerous “loophole.”

“Every fatal crash caused by impaired driving is tragic, but it is also preventable,” said Ayotte in a statement. “While New Hampshire is the safest state in the nation, we have one of the highest breath alcohol test refusal rates — closing the loophole that encourages people not to cooperate when stopped for a DUI will save lives.”

The bill, introduced by Sen. Bill Gannon, R-Sandown, already passed the Senate in January. Ayotte encouraged the House to pass it too.

How much would the penalty increase for refusing a Breathalyzer?

Currently, if a person under arrest refuses a physical test or one of blood, urine or breath as designated by the officer, they face an administrative license suspension of 180 days, or about six months, for a first offense.

The bill Ayotte is supporting, SB. 620, would double the penalty to a year.

Repeat offenders would see the now two-year suspension increase to three years.

Gannon sponsored similar bills in 2024 and 2025 which also both passed the Senate, but failed in the House. Now, Ayotte is throwing her weight behind the bill to try to get it to her desk.

Should the penalty be increased?

At the press conference Tuesday, Ayotte was joined by law enforcement, road safety officials and families of victims of impaired driving crashes.

According to the press release, 260 Granite Staters have died due to alcohol-related crashes.

It also said New Hampshire’s test refusal rate is nearly 70%, and those in support of the bill said that increased penalties would incentivize more people to take the test and in turn deter driving under the influence.

Bow resident Beth Shaw said that she lost her son Tyler to a crash caused by a drunk driver.

“It is critical that people understand the deadly consequences of impaired driving, and closing the DUI refusal loophole is the first step to holding more people accountable and discouraging this dangerous behavior,” Shaw said.

Those against the bill have said that the penalties the bill proposes are too high, especially for first offenders.

This article originally appeared on Portsmouth Herald. Reporting by Margie Cullen