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Some NH lawmakers want harsher DUI laws. Here’s what to know

On Behalf of | Jan 13, 2026 | DWI/DUI Defense

A recent bill would have increased the penalty for refusing a breath test during a DUI stop in New Hampshire, but lawmakers shot it down. Here’s what that means for you behind the wheel.

Refusing a breath test won’t get you off the hook

Turning down a breathalyzer still triggers an automatic license suspension in New Hampshire, even without a DUI conviction. The bill in question would have doubled that suspension from six months to one year, but it failed to pass. That means the existing penalty stays in place for now, though the intent behind the bill makes one thing clear: lawmakers still see refusal as a weak spot in DUI enforcement.

You can still refuse, but there’s a catch

New Hampshire law gives you the option to say no, but that decision comes with serious consequences. The moment you refuse, your license is on the line, and even without test results, your refusal can be used against you in court. Some drivers assume it’s a safer gamble than handing over proof of impairment, but that strategy often backfires, especially when the consequences start before the trial even begins.

DUI laws may still change in the future

This latest bill didn’t make it through, but that doesn’t mean the issue is settled. Lawmakers continue to explore ways to close gaps in the current system, and refusal penalties remain a clear target. That means even if you’re not facing charges today, changes down the line could affect how you handle a stop tomorrow and how much room you’ll have to respond.

Don’t let confusion cost you your license

When you’re pulled over and asked to take a test, you don’t get much time to weigh your options, but the outcome can follow you for months. The best move is to understand your rights and risks before you’re in that situation. If you’re already facing a DUI or a refusal-related suspension, talk to someone who can walk you through the process. Staying ahead of the law doesn’t just protect your record. It keeps you in control when it counts.