Governor Kelly Ayotte signed one of her top legislative priorities into law on Monday morning. Starting in 2027, drivers in New Hampshire who refuse a breath alcohol test will face a nine-month license suspension — up from the current six months.
Senate Bill 620 is designed to tackle a glaring problem. New Hampshire has the second-highest Breathalyzer refusal rate in the country. State officials say 68% of drivers refuse the test when police suspect they’re drunk. The national average is just 24%.
“This is going to make sure that we really address what I think has created an unsafe situation on our roads,” Ayotte said at a signing ceremony at the State House.
Why the old system wasn’t working
Law enforcement officials argued for years that the existing penalty structure created a perverse incentive. Refusing a test carried the same six-month suspension as failing one. With no additional downside, many drivers chose to refuse — and then negotiated plea deals for lesser charges.
Without test results, prosecutors had weaker cases. The system essentially rewarded noncompliance. Proponents of the new law say extending the suspension to nine months finally creates a meaningful distinction between refusing and failing.
A mother’s push for change
The signing ceremony included parents who lost children to drunk drivers. Beth Shaw of Bow was among those who advocated for the bill throughout the legislative process.
“Eight years ago this month, my 20-year-old son Tyler was killed by a repeat offender,” Shaw said. “While nothing can bring Tyler back, I honor him by dedicating myself to preventing other families from enduring the pain my family lives with every single day.”
Their testimony was a recurring presence during legislative debates — and a powerful counterweight to those who opposed the bill on personal liberty grounds.
What changed this time
This wasn’t the first attempt to toughen Breathalyzer refusal penalties. A similar bill passed the Senate in 2024 but was killed in the House. At that time, the libertarian wing of the Republican Party joined Democrats to defeat it. Opponents argued the measure infringed on bodily autonomy and that the state should focus on education rather than punishment.
This year, the bill’s sponsor, Sandown Republican Sen. Bill Gannon, took a different approach. He worked across the aisle — and gave credit to Democratic leaders for making the difference.
Gannon specifically praised House Minority Leader Alexis Simpson and Portsmouth Rep. Buzz Scherr for rallying their caucus. “We needed their votes this year, so we didn’t take them for granted, which I have in the past,” he said. “And it was a mistake on my part.”
The result was a 259-94 House vote in favor — and a bill on the governor’s desk within weeks.
