Labor Day weekend marks the unofficial end of summer, bringing cookouts, lake trips, concerts, and increased travel throughout New Hampshire. It is also a period when drivers can expect to see more law enforcement officers watching for signs of impairment.

The 2026 national "Drive Sober or Get Pulled Over" campaign began August 19 and continues through Labor Day. In New Hampshire, approximately 120 state, county, and local law enforcement agencies were invited to participate. During the campaign, officers are increasing patrols intended to identify drivers who may be impaired by alcohol, drugs, or a combination of substances.

The increased enforcement comes as New Hampshire prepares for an important change to its DWI laws. Senate Bill 620 was signed into law in April 2026. Beginning January 1, 2027, it will increase the administrative license suspension periods associated with refusing certain post-arrest tests. It will also change how some aggravated DWI cases involving a high blood alcohol concentration are sentenced.

For drivers, the timing can be confusing. The law in effect during Labor Day weekend 2026 is not the same law that will apply beginning in January 2027. Understanding that distinction—and the difference between roadside and post-arrest testing—is important.

Increased DWI Enforcement During Labor Day Weekend

High-visibility enforcement campaigns generally involve additional patrols and public awareness efforts. They do not change what prosecutors must prove in a DWI case or eliminate the legal requirements officers must follow during a traffic stop and arrest.

An officer must still have a lawful reason to stop a vehicle. Any further investigation must be supported by the facts the officer observes, such as driving behavior, the odor of alcohol, physical appearance, speech, statements, or other possible signs of impairment.

The current campaign is not limited to alcohol. Officers are also looking for impairment involving cannabis, prescription medications, illegal drugs, over-the-counter medications, or combinations of alcohol and drugs. A person does not have to be over the familiar 0.08 BAC threshold to face a New Hampshire DWI charge if the state alleges that a substance impaired the person's ability to drive.

With more officers conducting targeted patrols through Labor Day, more drivers may encounter DWI investigations. However, the existence of an enforcement campaign does not determine whether an individual stop, test, arrest, or license suspension was legally valid.

Not Every "Breath Test" Is the Same

People often use the word "breathalyzer" to describe any breath test requested during a DWI investigation. New Hampshire law distinguishes between a preliminary breath test administered before arrest and an evidentiary test requested after arrest.

The roadside preliminary breath test

A preliminary breath test, sometimes called a PBT, is a handheld test that an officer may request during a roadside investigation before making an arrest. Its purpose is generally to help the officer evaluate whether there is probable cause to continue the investigation or arrest the driver.

Under New Hampshire law, declining a preliminary breath test is not itself a violation of the DWI statute. Evidence that a driver declined the PBT generally cannot be used at trial to prove guilt, although it may be considered when determining whether the officer had probable cause to make an arrest.

Taking or declining a preliminary test also does not prevent an officer from requesting a different test after an arrest. Drivers can learn more about the different types of breath testing on our New Hampshire DWI breathalyzer page.

Post-arrest testing and implied consent

Post-arrest testing is different. New Hampshire's implied-consent law applies when an officer arrests a person and requests an authorized physical test or a chemical test of breath, blood, or urine under the statute.

A refusal at this stage can result in an administrative suspension of the person's New Hampshire license or driving privilege. The suspension is separate from the criminal DWI case and may be imposed even before the criminal charge is resolved.

This distinction matters. A person who hears that there is “no penalty for refusing a breath test” may be thinking about the roadside PBT, while an officer requesting a test after arrest may be invoking an entirely different part of the law. Our New Hampshire implied-consent overview explains the general framework in more detail.

What Are the Test-Refusal Penalties During 2026?

For incidents occurring before January 1, 2027, the current version of RSA 265-A:14 applies. The administrative suspension periods are:

• 180 days for a first refusal when the person has no prior DWI or aggravated DWI conviction.

• Two years when the person has a qualifying prior DWI or aggravated DWI conviction or a prior refusal.

A refusal-based suspension generally does not run at the same time as another suspension or revocation. That means the loss of driving privileges connected to the refusal can extend the total period during which a person cannot legally drive.

These are administrative consequences. A driver may also face a criminal DWI charge arising from the same incident. The administrative case and criminal case involve different procedures, issues, and deadlines.

What Changes Under Senate Bill 620?

Senate Bill 620 takes effect January 1, 2027. It increases the refusal-suspension periods as follows:

Circumstance	Through December 31, 2026	Beginning January 1, 2027
First refusal with no qualifying prior conviction	180 days	9 months
Refusal with a qualifying prior conviction or prior refusal	2 years	3 years

The new law also more specifically addresses qualifying prior convictions, including reasonably equivalent offenses from other jurisdictions. This can be especially important for people who live outside New Hampshire, recently moved to the state, or have an older impaired-driving history from another state.

The increased suspension is not the only change. Beginning in 2027, a court may suspend up to 180 days of the refusal-related suspension in conjunction with a guilty or no-contest plea resulting in a DWI or aggravated DWI conviction. This is discretionary and depends on how the case is resolved; it is not an automatic reduction.

SB 620 also provides that a court-ordered license revocation for a DWI conviction will run consecutively to an administrative suspension or revocation. Because the interaction between the administrative and criminal consequences can significantly affect the total period of license loss, each case must be evaluated according to its facts, the driver's history, and the version of the law that applies.

Does Refusing a Post-Arrest Test Prevent a DWI Conviction?

Refusing a requested test does not automatically prevent the state from prosecuting a DWI charge. A case may be based on other evidence, including:

• The reason given for the traffic stop

• Observations of the vehicle before it stopped

• The driver's appearance, speech, coordination, or behavior

• Statements made to the officer

• Performance on physical or field sobriety tests

• Body-camera, cruiser-camera, or other video

• Witness testimony

• Evidence of alcohol, drugs, or medications

• Evidence concerning the refusal itself

New Hampshire law allows a post-arrest refusal to be admitted in a civil or criminal proceeding arising from the incident. The state may argue that the refusal supports its case, while the defense may examine the circumstances surrounding the request, the warnings provided, the alleged refusal, and the other available evidence.

Whether a test was legally requested and whether the state can prove an actual refusal are case-specific questions. A refusal should not be treated as either an automatic conviction or an automatic defense.

Administrative License Suspension and the Criminal Case

One of the most important things to understand after a New Hampshire DWI arrest is that the license matter can begin moving before the criminal case is decided.

A person who receives notice of an administrative suspension may request an administrative review or hearing. Under RSA 265-A:31, a written request received by the Department of Safety more than 30 days after the date the notice was issued must be denied as untimely.

An administrative hearing is limited to specific statutory questions, including whether the officer had reasonable grounds, whether an arrest occurred, whether the person refused or produced a test result at or above the applicable limit, and whether the required information was provided.

Because the deadline is tied to the suspension notice—not to the eventual outcome of the criminal case—waiting for a court date before addressing the license matter can result in losing the opportunity to request review. More information is available on our pages discussing New Hampshire administrative license suspension and administrative hearings.

SB 620 Also Changes Certain High-BAC Cases

New Hampshire treats an alcohol concentration of 0.16 or higher as aggravated DWI. During 2026, a first high-BAC case is sentenced under the general aggravated DWI provision, which includes a 17-day sentence with 12 days suspended, leaving five days to be served, along with other requirements.

Beginning January 1, 2027, SB 620 creates a separate penalty provision specifically for aggravated DWI based solely on an alcohol concentration of 0.16 or higher. It retains the class A misdemeanor classification, minimum $750 fine, substance-use evaluation requirements, ignition interlock requirement, and an 18-month-to-two-year license revocation. However, the new provision permits all 17 days of the county correctional sentence to be suspended, subject to compliance with the evaluation and service plan.

This change applies specifically to the high-BAC provision. Other circumstances that can elevate a case to aggravated DWI—such as serious bodily injury, attempting to elude police, excessive speed, or carrying a passenger under 16—are governed by different statutory provisions and may carry different consequences. Learn more about the existing framework on our New Hampshire high-BAC DWI page.

What Should Someone Do After a DWI Arrest?

A DWI arrest can create immediate concerns about driving, employment, family obligations, and upcoming court appearances. It is important to keep every document provided by law enforcement or the court and to review any temporary license and suspension notice carefully.

The details that may matter include why the vehicle was stopped, when the driver was considered under arrest, which tests were requested, what warnings were given, how the driver responded, how testing was administered, and whether the officer's reports match any available video.

It is also important to determine which deadlines apply. The 30-day administrative deadline can pass while the criminal case is still at an early stage.

Speak With a New Hampshire DWI Attorney

Labor Day enforcement campaigns may increase the number of DWI investigations, but every arrest must still be evaluated individually. The traffic stop, roadside investigation, test request, alleged refusal, administrative suspension, and criminal charge may all present separate legal issues.

Russman & Phinney Law represents people facing DWI charges and license consequences throughout New Hampshire. If you or a family member has been arrested for DWI, contact our office to schedule a consultation and learn what options may be available.