New HampshireSB6202025-2026 Regular SessionSenate

relative to refusal of consent to testing to determine alcohol concentration and penalties for aggravated driving while intoxicated.

Sponsored By: Bill M. Gannon (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 2 costs, 0 mixed.

Harsher penalties for aggravated DWI

Beginning January 1, 2027, aggravated DWI is a class A misdemeanor. The court fines at least $750 and orders at least 17 straight days in the county jail, which can be suspended. The court must refer you to the Impaired Driver Care Management Program for a full substance use evaluation. You must schedule the evaluation within 30 days of release, finish it within 60 days, and follow the service plan. Your license is revoked for at least 18 months and can be extended by up to 2 more years; up to 6 months can be suspended if you fully comply, keep an ignition interlock installed, and pay all fees. The court may also order random drug or alcohol tests and can make you serve any suspended jail time if you do not comply.

Longer license loss for test refusal

Beginning January 1, 2027, refusing a requested alcohol or drug test leads to a 9-month loss of your driving privileges for a first refusal. If you have a prior DWI, aggravated DWI, negligent homicide related to driving, a similar out-of-state offense, or a past refusal, the loss is 3 years. The state suspends your license or delays issuing one for that time. These penalties are in addition to any criminal sentence and do not run at the same time as other penalties.

Court can cut refusal suspension

Beginning January 1, 2027, a judge can cut up to 180 days from a test-refusal license suspension. This only applies when you plead guilty or no contest and are convicted of DWI or aggravated DWI. The cut is up to the judge and applies only to the refusal suspension.

Sponsors & Cosponsors

Sponsor

Bill M. Gannon
Republican • Senate

Cosponsors

David H. Watters
Democratic • Senate
Donovan Fenton
Democratic • Senate
Howard Pearl
Republican • Senate
JD Bernardy
Republican • House
Lilli M Walsh
Republican • House
Mark A Pearson
Republican • House
Regina Birdsell
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 259 • No: 94

House vote • 4/9/2026

OTPA