The New Hampshire House voted 259-94 on Thursday to pass a bill toughening penalties for drivers who refuse a Breathalyzer test. The legislation is one of Governor Kelly Ayotte’s biggest priorities, and it’s now one step closer to becoming law.
Senate Bill 620 originally passed the Senate in January. However, the House amended the bill before approving it, which means the Senate will need to sign off on the changes before it can reach Ayotte’s desk.
The core issue is straightforward. 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%.
Law enforcement officials say the current penalty structure creates a perverse incentive. Right now, drivers who refuse a Breathalyzer face a six-month license suspension, the same punishment as those who fail the test. That means there’s little downside to refusing.
Even worse, drivers who refuse are often able to negotiate plea deals for lesser charges. Without test results, prosecutors have weaker evidence to work with. The system essentially rewards noncompliance.
The original Senate version, sponsored by Sandown Republican Sen. Bill Gannon, doubled the suspension for refusal from six months to a full year. The House, however, trimmed that to nine months.
Governor Ayotte had publicly urged lawmakers to pass the Senate’s version at a press conference last month. Still, she indicated on Tuesday that she supports the amended bill. She called nine months “still a significant step.”
After the vote, Ayotte released a statement celebrating the progress. “We’re taking a critical step to keep New Hampshire the safest state in the nation,” she said.
What happens next
The ball is back in the Senate’s court. Senators now have to decide whether to accept the House’s nine-month amendment.
If they agree, the bill goes straight to Ayotte for her signature — and she’s almost certain to sign it. If they reject the change, the two chambers will enter a committee of conference process. Negotiators from each side would then work toward a compromise.
A change of heart in the House
The vote also represents a notable shift. Previous efforts to pass similar legislation failed. In 2024, the libertarian wing of the Republican Party joined Democrats to kill a comparable bill. They argued it infringed on drivers’ rights and bodily autonomy, and that the state should focus on education rather than punishment.
This time, the bill passed by a wide margin, suggesting the political dynamics around the issue have changed.
