What Happens When You Refuse a Breath Test? 
In New Hampshire, the law is very clear about what happens if you refuse to take a breath test after being arrested for driving while intoxicated (DWI). Under the state’s implied consent law, by simply driving a vehicle in New Hampshire, you have already consented to submitting to chemical tests—such as a breathalyzer test—if requested by law enforcement. If you refuse to take the test, you automatically face an administrative license suspension. The duration of the suspension depends on whether you’ve had prior offenses, but even for first-time offenders, the consequences can be severe and long-lasting. 
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Administrative License Suspension (ALS): What It Means for You
The ALS, unlike a criminal conviction, is a civil matter. That means that even if you are ultimately found not guilty of DWI, your driver’s license may still be suspended. This suspension occurs because of the refusal to take the breath test and is separate from any criminal penalties you may face in relation to the DWI charges themselves. If you are a first-time offender, you may face a 180-day suspension of your driving privileges. However, if you are a repeat offender, this suspension can be much longer, possibly extending to 2 years for individuals with multiple DWI offenses. This suspension could significantly impact your daily life. Without the ability to drive, you may find it difficult to go to work, pick up your children, or run essential errands. That’s why it is critical to understand the timelines and options available to you following the refusal of a breath test.The Importance of the 30-Day Hearing Deadline
One of the most critical steps after refusing the breath test is to request a hearing. In New Hampshire, you must request an Administrative License Suspension (ALS) hearing within 30 days of receiving the notice of suspension. This deadline is strict—if you miss it, your license will be automatically suspended for the full term of the penalty. At the hearing, you’ll have the opportunity to challenge the suspension and present your side of the case. However, failing to meet the 30-day deadline means that the suspension will go into effect without any further possibility of negotiation. Therefore, it is absolutely essential to be aware of this deadline and to act quickly.What to Expect at the ALS Hearing in New Hampshire
The ALS hearing provides an opportunity for you to challenge the suspension of your license. While this hearing does not deal with your criminal DWI charge (which will be handled separately), it is still incredibly important because it addresses your ability to drive during the legal proceedings. During the ALS hearing, you will need to prove that the officer did not have probable cause to pull you over, that there was an issue with the administration of the breath test, or that your refusal was not justified under the circumstances. However, it’s essential to note that the state has a strong position in these cases. The police officer’s report and the records from the arrest will likely be presented in evidence. At the hearing, you may present evidence, cross-examine the officer, and make arguments as to why the suspension should be reduced or overturned. It’s not an easy process, and winning your case requires a clear, well-prepared argument. This is why it’s often a wise decision to seek legal representation. A skilled attorney can help gather evidence, prepare you for the hearing, and represent your interests effectively. Whether your case is based on the technicalities of the breath test or you feel the officer overstepped their bounds in stopping you, a lawyer can give you the best chance of a favorable outcome.The Potential Consequences of Missing the 30-Day Deadline
As mentioned, one of the most crucial aspects of dealing with an ALS is the 30-day deadline to request a hearing. Missing this deadline can result in serious consequences. If you fail to request the hearing within the specified time, the suspension of your license will automatically go into effect. There is no appeal or second chance in this case, so it’s important to stay on top of the timeline. The state will notify you about your suspension, and at that point, your driving privileges will be revoked. For many people, this means they will be without the ability to drive for an extended period. This suspension can significantly affect your job, your family, and your daily life. If you depend on driving to get to work or school, the suspension can have long-term financial and social impacts. In addition to the suspension of your license, other consequences might come into play, such as fines, additional testing requirements, or the installation of an ignition interlock device, depending on the severity of your DWI charge and the number of offenses on your record.Understanding the Impact of DWI Convictions on Your License and Future
It’s important to recognize that the administrative license suspension is just one part of the broader picture of DWI laws in New Hampshire. Even if your license is suspended through the ALS process, this suspension doesn’t necessarily determine the outcome of your criminal case for driving while intoxicated. If convicted of a DWI, you could face additional penalties, including a longer suspension of your license, fines, community service, mandatory DUI education programs, and even jail time. In some cases, especially for repeat offenders, New Hampshire law may require the installation of an ignition interlock device on your vehicle. This device prevents a vehicle from starting unless the driver submits a breath sample that meets a certain level of sobriety. Ignition interlock devices are commonly required for people with prior DWI offenses or those whose BAC was particularly high.How to Handle Your Case: Key Steps to Take
If you’ve refused a breath test and are facing a possible license suspension, here are the steps you should take to address the situation:- Request Your ALS Hearing: Ensure that you do this within the 30-day window. If you miss the deadline, the suspension becomes automatic.
- Prepare Your Defense: Gather any evidence that could support your case, including potential errors in the breath test, concerns about the traffic stop, or other relevant details.
- Consult an Attorney: It’s highly recommended to consult with an attorney specializing in DWI cases. They can help you navigate the legal process, represent you at your hearing, and advise you on your best course of action.
- Attend the Hearing: Make sure to attend the ALS hearing, where you can contest the suspension and possibly reduce or overturn the penalty.
- Understand the Consequences: If the hearing does not go in your favor, take steps to understand the full extent of the penalties you will face, and prepare for any future legal proceedings related to your DWI.