New Hampshire SB 620: relative to refusal of consent to testing to determine alcohol concentration and penalties for aggravated driving while intoxicated.

Bill Text

SB 620-FN - AS AMENDED BY THE SENATE

01/29/2026 0130s

2026 SESSION

 26-2179

 09/06

SENATE BILL 620-FN

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

SPONSORS: Sen. Gannon, Dist 23; Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Birdsell, Dist 19; Rep. Bernardy, Rock. 36; Rep. M. Pearson, Rock. 34; Rep. L. Walsh, Rock. 15

COMMITTEE: Judiciary

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ANALYSIS

 This bill modifies periods of suspension under different circumstances stemming from a refusal of consent to testing to determine alcohol concentration. This bill further modifies the penalties for aggravated driving while intoxicated.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/29/2026 0130s 26-2179

 09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

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

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Driving or Operating Under the Influence of Drugs or Liquor; Refusal of Consent. Amend RSA 265-A:14, I through II to read as follows:

 I. If a person under arrest for any violation or misdemeanor under RSA 265 or RSA 215-A refuses upon the request of a law enforcement officer, authorized agent, or peace officer to submit to physical tests or to a test of blood, urine, or breath designated by the law enforcement officer, authorized agent, or peace officer to as provided in RSA 265-A:4, none shall be given, but:

 (a) If this is the first refusal with no prior driving or operating while intoxicated or aggravated driving or operating while intoxicated convictions:

 (1) The director shall suspend his or her license to drive or nonresident driving privilege for a period of [180 days] 12 months; or

 (2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny to the person the privilege to drive and the issuance of a license for a period of [180 days] 12 months after the date of the alleged violation.

 (b) If the person has [a prior driving or operating while intoxicated or aggravated driving or operating while intoxicated conviction] one or more prior convictions under RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction as defined in RSA 265-A:18, VI(b) or a prior refusal of consent under this section or under a reasonably equivalent law in an out-of-state jurisdiction as defined in RSA 265-A:18, VI(b):

 (1) The director shall suspend his or her license to drive or nonresident driving privilege for a period of [2] 3 years; or

 (2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny to the person the privilege to drive and the issuance of a license for a period of [2] 3 years after the date of the alleged violation.

 II. Except as provided in paragraph VI, the [180-day] 12-month or [2-year] 3-year suspension period or denial of issuance period imposed pursuant to this section shall not run concurrently with any other penalty imposed under the provision of this title. Any such suspension or denial of a license or privilege to drive shall be imposed in addition to any other penalty provided by law, subject to review as provided in RSA 265-A:31.

 2 New Paragraph; Driving or Operating Under the Influence of Drugs or Liquor; Refusal of Consent. Amend RSA 265-A:14 by inserting after paragraph VI the following new paragraph:

 VII. In conjunction with a plea of guilty or nolo contendre to an offense resulting in a conviction under RSA 265-A:2 or RSA 265-A:3, the court may suspend up to 180 days of the license suspension imposed pursuant to this section. 

 3 Driving or Operating Under the Influence of Drugs or Liquor; Penalties for Intoxication or Under Influence of Drugs Offenses. Amend the introductory paragraph in RSA 265-A:18, I(b) to read as follows:

 (b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c) or (d), shall be:

 4 New Subparagraph; Driving or Operating Under the Influence of Drugs or Liquor; Penalties for Intoxication or Under Influence of Drugs Offenses. Amend RSA 265-A:18, I by inserting after subparagraph (c) the following new subparagraph:

 (d) Any person who is convicted of aggravated DWI under RSA 265-A:3, III shall be:

 (1) Guilty of a class A misdemea