New Hampshire · DWI · Checked October 2026

Refusing a Breath or Blood Test in New Hampshire

Refusing a Breath or Blood Test in New Hampshire: What Are the Rules?

What happens if you refuse a breath or blood test in New Hampshire.

Refusal penalty
Administrative suspension of 180 days for a first refusal, 2 years with a prior refusal or prior DWI conviction (9 months and 3 years for refusals on or after January 1, 2027); refusal of both physical and chemical tests after one arrest counts as one refusal, and the suspension does not run concurrently with other suspensions
License suspension for refusing
180 days (first); 2 years with a prior refusal or DWI conviction. For refusals on or after January 1, 2027: 9 months (first), 3 years with a prior
Deadline to challenge
30 days

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Refusal Penalties in New Hampshire

administrative suspension of 180 days for a first refusal, 2 years with a prior refusal or prior DWI conviction (9 months and 3 years for refusals on or after January 1, 2027); refusal of both physical and chemical tests after one arrest counts as one refusal, and the suspension does not run concurrently with other suspensionsN.H. Rev. Stat. Ann. § 265-A:14

Official source: refusal penalties (New Hampshire)

License Suspension for Refusing in New Hampshire

180 days (first); 2 years with a prior refusal or DWI conviction. For refusals on or after January 1, 2027: 9 months (first), 3 years with a priorN.H. Rev. Stat. Ann. §§ 265-A:30, 265-A:31, 265-A:14

Official source: license suspension for refusing (New Hampshire)

More on DWI Law in New Hampshire

See the full overview of DWI laws in New Hampshire and read about implied consent laws in every state.

This page summarizes New Hampshire law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in New Hampshire can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in New Hampshire?

administrative suspension of 180 days for a first refusal, 2 years with a prior refusal or prior DWI conviction (9 months and 3 years for refusals on or after January 1, 2027); refusal of both physical and chemical tests after one arrest counts as one refusal, and the suspension does not run concurrently with other suspensions

How Long Is the Suspension for Refusing?

180 days (first); 2 years with a prior refusal or DWI conviction. For refusals on or after January 1, 2027: 9 months (first), 3 years with a prior

Sources

  1. Implied consent: N.H. Rev. Stat. Ann. § 265-A:14
  2. License suspension and hearing: N.H. Rev. Stat. Ann. §§ 265-A:30, 265-A:31, 265-A:14

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