New Hampshire officials are renewing a push to strengthen penalties for drivers suspected of impaired driving who refuse to take a Breathalyzer test.
At a press conference in Concord on Tuesday, Governor Kelly Ayotte called on lawmakers to approve legislation that would increase the punishment for refusing a blood alcohol test during a police stop. Supporters argue the current law creates an incentive for suspected drunken drivers to decline testing.
Under current state rules, drivers who refuse a Breathalyzer test face a six-month license suspension — the same penalty given to drivers who take the test and fail it. Law enforcement leaders say that equal penalty structure encourages people suspected of driving under the influence to refuse the test altogether.
According to state officials, New Hampshire has one of the highest refusal rates in the country. Roughly 68% of drivers suspected of impaired driving decline a Breathalyzer, the second-highest rate nationwide.
Colonel Mike Hall of the New Hampshire State Police said the situation has become a persistent problem for officers trying to enforce impaired driving laws.
“Many of those who refuse a test later negotiate reduced charges and ultimately avoid meaningful consequences,” Hall said. He described the current penalty structure as a “backwards incentive” that contributes to the state’s unusually high refusal rate.
Ayotte is urging the House of Representatives to approve Senate Bill 620, which would increase the license suspension for refusing a Breathalyzer from six months to one year. The Senate has already passed the proposal.
The governor framed the measure as a straightforward step toward improving road safety.
“This is a loophole that needs to be closed,” Ayotte said, arguing that stronger penalties would discourage drivers from avoiding tests.
New Hampshire’s refusal rate stands well above neighboring states. Vermont reports a refusal rate of about 22%, while Maine’s is closer to 14%, according to officials. Both states impose different penalties for failing a test compared with refusing one.
The issue also carries a personal dimension for some advocates. Beth Shaw of Bow spoke during Tuesday’s event about her son Tyler, who was killed by a drunken driver. She urged lawmakers to support the bill, describing the devastating impact impaired driving can have on families.
Shaw told legislators that witnessing the aftermath of a fatal crash would make the stakes clear. She recalled the moment police arrived at her home to deliver the news of her son’s death.
Opposition to similar proposals has emerged in previous legislative sessions. Some Democrats and members of the libertarian wing of the House have argued that increasing penalties for refusing a test raises concerns about personal rights and bodily autonomy. Critics have also suggested that education and prevention campaigns may be more effective than harsher penalties alone.
Ayotte dismissed concerns about the reliability of Breathalyzer devices, noting that the tests have been used for decades and routinely challenged in court. She said drivers still have legal avenues to dispute results through the judicial system.
Traffic safety has become a major focus of Ayotte’s administration. Last year, she convened a statewide task force aimed at identifying ways to reduce crashes and impaired driving incidents.
The proposal to increase penalties for Breathalyzer refusals was among the recommendations that emerged from that group. The bill now heads to the House, where lawmakers will decide whether the measure advances or stalls once again.
