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If a driver refuses to take a sobriety test when police have good reason to believe to suspect that they are under the influence, they are in violation of the New Hampshire implied consent law.
New Hampshire has an Implied Consent Statute (RSA 265-A:4). This means that any person that operates a motor vehicle, OHRV or boat in New Hampshire has been deemed to have given consent to physical tests and/or to chemical tests for the purpose of determining controlled drug or alcohol content.
More importantly, if you are arrested and refuse a breath or blood test, the DMV will still suspend your license for at least 6 months, and in some cases for 2 years. If you are convicted of DWI in NH, the DMV-ordered loss of license will be in addition to any court-ordered loss of license.
While the first time you are convicted of DWI in NH will not result in a felony conviction, it will be classified as a Class B misdemeanor. The court may also fine first-time offenders up to $1,000. Immediately following a DWI first offense conviction, your drivers license is revoked for at least 9 months.
Refusing the breathalyzer test is a violation of the law, which will result in an automatic 90-day suspension of your driver license, even if you arent later convicted of a DUI. You have 10 days to contest this suspension in a test refusal hearing, which isnt much time.
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Penalties for refusing the New Hampshire breathalyzer test include: First-time offenders: Automatic 180-day license suspension with the DMV. Second or subsequent offenders: Carries a two-year license suspension with the DMV. Refusal while using a probationary license: License suspension of up to 90 to 180 days.
New Hampshire DWI Penalties Mandatory minimum license loss of 9 months, which may be reduced to as little as ninety days based on conditions. Maximum license loss is two years. Drivers under 21 face much higher minimum drunk driver penalties under NH DUI laws.
Sobriety tests in New Hampshire are covered under implied consent. If a driver refuses to take a sobriety test when police have good reason to believe to suspect that they are under the influence, they are in violation of the New Hampshire implied consent law.

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