Governor Ayotte Calls on House to Close DUI Test Refusal Loophole

CONCORD, NH - Today, Governor Kelly Ayotte called on the New Hampshire House to pass a law to close the DUI test refusal loophole alongside State law enforcement and road safety officials, sheriffs, police chiefs, members of the New Hampshire Senate, and families of victims of impaired driving crashes.

"Every fatal crash caused by impaired driving is tragic, but it is also preventable," said Governor Ayotte. "While New Hampshire is the safest state in the nation, we have one of the highest breath alcohol test refusal rates - closing the loophole that encourages people not to cooperate when stopped for a DUI will save lives. I thank the Senate for passing this important bipartisan bill, and I hope the House will join us in making our roads safer and holding impaired drivers accountable for putting Granite Staters at risk."

During a press conference at the State House, Beth Shaw of Bow shared the story of her son Tyler, who was killed in a crash caused by a drunk driver with three prior DUI offenses.

"Losing my son Tyler to a crash caused by a drunk driver with three prior DUIs changed our family forever," said Shaw. "It is critical that people understand the deadly consequences of impaired driving, and closing the DUI refusal loophole is the first step to holding more people accountable and discouraging this dangerous behavior. I urge the House to stand with Governor Ayotte and the Senate and pass this life-saving legislation."

Since 2018, the Granite State has lost more than 260 lives to alcohol-related crashes, and New Hampshire's test refusal rate is nearly 70% each year - the second highest in the nation.

"Granite Staters expect State policy to reinforce, not undermine, the millions of dollars we spend each year to combat impaired driving and improve road safety," said New Hampshire State Police Colonel Mark Hall. "Right now, our refusal laws undermine these significant investments and promote a backwards incentive structure. SB 620 is an essential modernization, long overdue, and is grounded in decades of national safety data. Most importantly, it makes refusing to take a test a losing decision."

Senate Bill 620, unanimously passed by the Senate last month, doubles the administrative license suspension penalty for test refusal from six months to one year, eliminating the current incentive to refuse a breath alcohol test.

"Closing the DUI refusal loophole will help save lives and keep New Hampshire the safest state in the nation," said Sen. Bill Gannon of Sandown, lead sponsor of SB 620. "I'm proud to be working alongside Governor Ayotte and my fellow Senators from both sides of the aisle to make our roads safer and discourage people from making the dangerous choice to drive under the influence."

"I'm proud to stand with Governor Ayotte to reinforce accountability and support law enforcement efforts to keep dangerous drivers off our roads," added Rep. Joe Sweeney of Salem. "This is a commonsense public safety measure that encourages compliance with the law and helps protect Granite Staters. We must strengthen New Hampshire's impaired driving laws by removing the incentive for drivers to refuse testing for suspected impaired driving, and I will be leading the charge in the House to get this done."

Closing this loophole in State law that incentivizes impaired drivers to refuse a breath alcohol test was a critical recommendation from Governor Ayotte's Task Force on Highway Safety's report released last fall.