By PAULA TRACY, InDepthNH.org

CONCORD – With families of those who have been killed by drunk drivers and law enforcement at her side, Republican Gov. Kelly Ayotte called on the legislature Tuesday to strengthen the penalty for refusing a breath alcohol test.

Senate Bill 620-FN, which cleared the Senate unanimously on a voice vote on Jan. 29, is set to be heard by the House Criminal Justice and Public Safety Committee but no hearing date has been scheduled.

Sponsored by state Sen. William Gannon, R-Sandown, with bipartisan support, the bill increases the duration of administrative license suspension for refusals from the current 180 days to 12 months for first refusal, and from the current 2 years to 3 years for subsequent refusals.

The bill also allows the courts to suspend up to 180 days of the refusal suspension in conjunction with a plea to RSA 265-A:2 or RSA 265-A:3.

It is also clarified that suspensions (under 265-A:18) run consecutively to any administrative suspension.

“This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.”

A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

Ayotte made a political promise to focus on public safety and delivered a number of measures during her first year in office, including bail reform.

Again, she stood shoulder to shoulder with law enforcement to aim at what she considers a current “loophole” that makes it harder for prosecutors to get a conviction for DUI without breath evidence.

While reports show the national average for refusing a DUI breath test is about 24 percent, New Hampshire is among the highest in the nation at 70 percent. Vermont has a refusal rate of 22 percent and in Maine it is 14 percent.

The campaign slogan the governor stood behind is “Close the Loophole SAVE LIVES.” A similar bill was killed last year in the House.

Gov. Ayotte said at a 1 p.m. press conference in the Executive Council chambers that New Hampshire is the safest state, but we are falling down when it comes to these issues. Since 2018 over 260 Granite Staters have been lost to impaired drivers.

“Every single one of these crashes is preventable,” she said.

The state has the second highest refusal rate in the country, she said. She said the loophole discourages cooperation and the penalty is the same for those who do take it.

“Lives are at stake. We have lost too many people who should be here,” Ayotte said.

Beth Shaw lost her son, Tyler, in a crash with a drunk driver who had multiple offenses.

Ayotte thanked the Senate for taking action in SB 620 and called on members of the House to do the same.

“We can do better in New Hampshire. We did this together on bail reform,” she said.

Col. Mark Hall of the State Police said it was an honor to express his support for SB 620 which would strengthen the state’s DUI refusal law. He said as a state we invest millions annually to combat drunk driving.

“We do it because New Hampshire residents and visitors deserve it and expect it,” he said.

The current situation reduces accountability and this backwards incentive structure is seen as a key driver of the refusal rate here, he said.

Hall called it well overdue. “It makes refusing a losing strategy,” he said.