NH House lawmakers send Breathalyzer bill, one of Ayotte’s priorities, back to the Senate

The New Hampshire House of Representatives voted, 259-94, to pass a bill Thursday to harshen legal consequences for drivers who refuse a Breathalyzer test — sending one of Gov. Kelly Ayotte’s biggest priorities back to the Senate.

Senate Bill 620 was approved by the Senate in January, but the House subsequently amended it, which means the Senate will have to approve it again before it can be sent to the governor’s desk for final approval. The bill is designed to address the state’s high refusal rate for breath alcohol, or Breathalyzer, tests.

State officials say 68% of New Hampshire drivers refuse to take a test when police suspect they’re drunk, the second highest rate in the United States. That’s compared to a 24% rate nationally. Law enforcement officials argue the way New Hampshire punishes refusals — a six-month license suspension, the same punishment drivers receive for failing a test — creates a perverse incentive to refuse. Drivers who refuse are often able to negotiate a plea deal for lesser charges, they said.

SB 620, sponsored by Sandown Republican Sen. Bill Gannon, doubled that six-month license suspension to a year. However, the House amended the bill language to a nine-month suspension instead. Ayotte, who held a press conference last month urging lawmakers to pass the Senate’s version of the bill, told reporters on Tuesday that nine months is “still a significant step,” indicating she still supports the amended bill. Senators will now decide whether to accept the change. If they concur, the bill will go straight to Ayotte, who is almost certain to sign it into law. If they refuse, the two chambers will likely enter the committee of conference process where negotiators from each chamber will work toward a compromise.

Following the House vote, Ayotte released a statement celebrating the development saying: “I am proud to see the House pass legislation to increase the administrative license suspension time for refusing a breath alcohol test. … We’re taking a critical step to keep New Hampshire the safest state in the nation.”

The bill’s passage also marks a change of heart in the House. Previous efforts to make similar changes to this law failed. In 2024, the libertarian wing of the GOP voted with Democrats to kill similar legislation, arguing it infringes upon the rights and bodily autonomy of drivers and that the state should focus on communicating the dangers of drunken driving rather than punitive measures.