New HampshireSB6202025-2026 Regular SessionSenateWALLET

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

Sponsored By: Bill M. Gannon (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Plea-based relief from test-refusal driving bans

Beginning January 1, 2027, courts can suspend up to 180 days of a New Hampshire test-refusal license suspension. The driver must plead guilty or no contest and receive a conviction under RSA 265-A:2 or RSA 265-A:3. Those laws cover impaired driving and aggravated impaired driving. The reduction is the court’s choice, not an automatic right.

Longer driving bans for refusing tests

Beginning January 1, 2027, New Hampshire increases driving bans for refusing physical, blood, urine, or breath tests after covered arrests. These rules cover arrests under RSA 265 or RSA 215-A. A first refusal with no prior impaired-driving conviction brings a 9-month suspension, up from 180 days. A qualifying prior conviction or refusal brings a 3-year suspension, up from 2 years. Qualifying convictions are those under RSA 265-A:2, I; RSA 265-A:3; RSA 630:3, II; or reasonably equivalent out-of-state laws. Prior refusals under New Hampshire or reasonably equivalent out-of-state law also qualify. These periods cover nonresident driving privileges and denial of licenses and driving privileges to unlicensed New Hampshire residents. The mandatory refusal penalty adds to other penalties and does not run at the same time as them.

Aggravated impaired driving: penalties and relief

Beginning January 1, 2027, New Hampshire sets penalties for aggravated impaired driving under RSA 265-A:3, III. A conviction is a class A misdemeanor, with a fine of at least $750 and at least 17 consecutive days in county custody. The court can suspend the custody sentence subject to substance-use evaluation and care-plan requirements. Drivers must schedule the evaluation within 30 days after release, complete it within 60 days, and follow the care plan. The Impaired Driver Care Management Program develops that plan; noncompliance can trigger the suspended sentence. Drivers must install an ignition interlock device and lose driving privileges for 18 months to 2 years. Courts can suspend up to 6 months of that driving ban after the program confirms full plan compliance and all fees are paid. That relief also requires an interlock for the suspended period, in addition to any other required interlock period. Courts can also order random urine tests or other testing.

Sponsors & Cosponsors

Sponsor

Bill M. Gannon
Republican • Senate

Cosponsors

David H. Watters
Democratic • Senate
Donovan Fenton
Democratic • Senate
Howard Pearl
r • 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