NH Bill SB620: Toughening DUI Refusal & Aggravated DWI Laws

New Hampshire Senate Bill 620: A Closer Look at Proposed DUI Law Changes

New Hampshire lawmakers are considering significant changes to the state's DUI laws with Senate Bill 620 (SB620). Introduced on January 7, 2026, and currently pending in the Senate Judiciary Committee, this bill focuses on two key areas: refusal to consent to blood alcohol content (BAC) testing and penalties for aggravated driving while intoxicated (DWI).

This article provides a comprehensive overview of SB620, its potential impact on drivers, how it compares to existing New Hampshire DUI laws, and the context behind its introduction.

What SB620 Proposes: A Breakdown

SB620 seeks to amend existing New Hampshire statutes concerning DUI offenses. The bill's primary goals are to:

1. Increase Penalties for Refusal to Submit to BAC Testing: Currently, New Hampshire law already imposes penalties for refusing to submit to a breath, blood, or urine test when lawfully requested by a law enforcement officer during a DUI investigation. SB620 proposes to enhance these penalties, particularly for repeat offenders or those with prior DUI convictions.

While the specifics of these increased penalties will depend on the final version of the bill passed by the legislature, they are likely to involve longer license suspensions, higher fines, and potentially increased jail time.

2. Redefine and Strengthen Penalties for Aggravated DWI: New Hampshire law defines “aggravated DWI” as a DUI offense involving specific aggravating factors, such as causing serious bodily injury or death, having a very high BAC (usually 0.16 or higher), or transporting a minor under the age of 16 in the vehicle. SB620 seeks to expand the definition of aggravated DWI and increase the penalties associated with it.

This could involve adding new aggravating factors, lowering the BAC threshold for aggravated DWI, or increasing the mandatory minimum sentences for those convicted of this offense. It's also possible that the legislation will clarify what constitutes “serious bodily injury” to alleviate ambiguity in its enforcement.

In simpler terms, SB620 aims to make it more costly for drivers to refuse BAC testing after a DUI arrest and to impose harsher penalties on drivers who commit particularly egregious DUI offenses.

Potential Impact on Drivers

SB620 could significantly impact drivers in New Hampshire in several ways:

• Increased Risk of Severe Penalties: Drivers who refuse BAC testing face the prospect of more severe penalties, even if they are ultimately acquitted of the underlying DUI charge.

This creates a higher-stakes situation during a DUI stop, forcing drivers to weigh the potential consequences of refusing a test against the possibility of incriminating themselves.

• Greater Exposure to Aggravated DWI Charges: The expansion of the definition of aggravated DWI could lead to more drivers being charged with this more serious offense.

This is particularly true if the BAC threshold is lowered or new aggravating factors are added. A conviction for aggravated DWI carries significantly harsher penalties than a standard DUI conviction, potentially including lengthy prison sentences and permanent license revocation.

• Changes in Plea Bargaining: The enhanced penalties for refusal and aggravated DWI could affect plea bargaining practices in DUI cases.

Prosecutors may be less willing to offer favorable plea deals to drivers facing these charges, potentially leading to more trials and more convictions for serious DUI offenses.

• Increased Scrutiny During DUI Stops: Law enforcement officers may become more vigilant in detecting and investigating potential DUI offenses, knowing that the penalties for refusal and aggravated DWI have been increased.

This could lead to more frequent and thorough DUI stops.

Comparison to Current New Hampshire DUI Laws

To understand the potential impact of SB620, it's crucial to compare it to existing New Hampshire DUI laws. Here's a table outlining key aspects of current law and the proposed changes under SB620:

• Refusal Penalties: License suspension (length varies depending on prior offenses), potential fines. - Enhanced penalties, potentially including longer license suspensions, higher fines, and jail time.

• Aggravated DWI Definition: High BAC (usually 0.16+), causing serious bodily injury/death, transporting a minor under 16. - Expanded definition, potentially including lower BAC threshold and new aggravating factors.

• Aggravated DWI Penalties: Stricter penalties than standard DWI, including mandatory minimum sentences and license revocation. - Increased penalties, potentially including longer prison sentences and enhanced license revocation.

• Implied Consent: Drivers implicitly consent to BAC testing when driving on NH roads. - No change proposed.

• Standard DWI Penalties: Fines, license suspension, potential jail time (varies based on prior offenses). - No direct changes proposed in this legislation.

Currently, refusing a BAC test in New Hampshire results in an administrative license suspension, the length of which increases with each subsequent refusal. For instance, a first offense refusal results in a suspension of at least 180 days. SB620 seeks to raise the stakes by adding more severe penalties.

Likewise, while aggravated DWI already carries significant consequences, SB620's expansion of the definition could capture a wider range of DUI offenses, potentially leading to more individuals facing these harsher penalties.

Context Behind the Legislation

SB620 is likely being introduced in response to concerns about the effectiveness of current DUI laws in deterring impaired driving and holding offenders accountable.

Advocates for stricter DUI laws often argue that stronger penalties are needed to reduce the incidence of drunk driving, particularly among repeat offenders and those who cause serious harm to others. The bill also reflects a broader national trend of states seeking to toughen their DUI laws in an effort to improve road safety.

Specific incidents involving drunk driving crashes or fatalities may have also played a role in prompting the introduction of SB620.

Legislators often respond to public outcry and media attention surrounding such events by proposing new laws aimed at preventing similar tragedies in the future. Furthermore, lobbying efforts by organizations dedicated to combating drunk driving, such as Mothers Against Drunk Driving (MADD), could have influenced the legislative process.

Practical Information for Affected Drivers

If you are arrested for DUI in New Hampshire, particularly if you are asked to submit to BAC testing or are facing aggravated DWI charges, it is crucial to take the following steps:

1. Consult with an Attorney: Immediately contact a qualified New Hampshire DUI defense attorney. An attorney can advise you of your rights, explain the charges against you, and help you navigate the legal process.

They can also assess the strength of the prosecution's case and develop a defense strategy tailored to your specific circumstances. 2. Understand Your Rights: You have the right to remain silent and the right to an attorney.

Exercise these rights. Do not answer any questions from law enforcement without consulting with your attorney first. 3. Preserve Evidence: Gather any evidence that may be helpful to your defense, such as witness statements, photographs, or medical records.

Your attorney can help you identify and preserve relevant evidence. 4. Attend All Court Hearings: It is essential to attend all scheduled court hearings and deadlines.

Failure to do so could result in serious consequences, such as the issuance of a warrant for your arrest or the suspension of your driver's license. 5. Consider the Implications of SB620: Stay informed about the status of SB620 and how it could potentially impact your case.

Your attorney can provide you with updates on the bill's progress and advise you on how to proceed in light of any changes to the law. 6. Make Informed Decisions About BAC Testing: Understand the potential consequences of refusing to submit to BAC testing.

While refusing a test may prevent the prosecution from using your BAC results against you, it can also result in a license suspension and other penalties.

Discuss the pros and cons of refusal with your attorney to make an informed decision. 7. Explore Options for Mitigation: If you are convicted of DUI, explore options for mitigating the consequences, such as participating in alcohol education programs or completing community service.

These steps can demonstrate to the court that you are taking responsibility for your actions and are committed to preventing future offenses.

SB620 represents a significant effort to strengthen New Hampshire's DUI laws.

Drivers need to stay informed about these proposed changes and understand how they could be affected.

Seeking legal counsel is paramount to protecting your rights and navigating the complexities of a DUI charge in the Granite State.

Disclaimer: *This article provides general information and should not be considered legal advice.

Consult with a qualified attorney for advice tailored to your specific situation.*