CONCORD, N.H. - New data from the New Hampshire Department of Safety show a 75% test refusal rate among motorists stopped for impaired driving from January 1 through March 11, 2026.

Out of 658 arrests made for impaired driving, 494 individuals (75%) refused testing.

Today, Governor Kelly Ayotte called on the New Hampshire House to close the loophole that incentivizes refusing the test by passing Senate Bill 620.

"Our refusal rate is outrageous," said Governor Ayotte. "We must close the loophole that makes our roads less safe and hold impaired drivers accountable for putting people at risk. Together, we can save more lives on our roads."

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.

"In 2025, the average blood alcohol concentration for submitted samples was 0.148 g/100 mL - nearly twice the legal limit," said New Hampshire State Police Forensic Laboratory Director Melisa Staples. "Over the past five years, the average breath alcohol concentration has been 0.13 g/210 L. These levels of impairment reflect a significant public safety concern and underscore the importance of testing. I encourage state leaders to review these trends closely as they consider this legislation."

SB 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 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.