An officer pulls you over because they suspect you are driving drunk. When they ask for a breath test, you hesitate because you need your license to get to work. In New Hampshire, you may decline a roadside test without a license penalty for that refusal. After an arrest, however, refusing another test leads to a suspension.
Roadside tests and tests after arrest
Before an arrest, an officer might request a preliminary breath test with a handheld device. It gives a quick estimate of your blood alcohol level. Refusing this roadside test does not trigger a license suspension.
The officer still considers your driving and behavior before deciding whether to arrest you. A judge could consider your refusal when deciding whether police had enough reason to arrest you.
After an arrest, New Hampshire’s implied consent law applies. This law treats your use of public roads as agreement to alcohol or drug testing following an arrest for suspected impaired driving.
You may still turn down the test. Police must explain the license penalties before you decide, and your refusal triggers those penalties.
How long will you lose your license?
If you reject a breath test after an arrest, the state suspends your driving privileges even without a driving while intoxicated (DWI) conviction. Until December 31, 2026, a first refusal with no previous DWI conviction means 180 days without a license. A prior refusal or DWI conviction raises the period to two years.
Starting January 1, 2027, the penalties rise to nine months for a first refusal and three years if you have a qualifying prior refusal or conviction. Prosecutors may also use your decision to decline the test as evidence if they bring a DWI charge.
Because the state handles the license penalty separately, you face a suspension while your criminal case continues. A DWI conviction could bring other punishments.
What happens next?
If police issue a suspension notice, you may want to save that notice and write down what happened during the stop. New Hampshire must receive your written request for a review or hearing within 30 days after it issues the notice. Checking the date and your notes helps you decide whether to contest the suspension and what information to provide.
