What Refusing a Breath Test Sets in Motion

Many people in New Hampshire don’t realize that a DWI arrest, the charge most people still know as a DUI, can lead to two separate problems. One is the criminal charge. The other is a license penalty that applies when a driver refuses the chemical test, and it runs on its own track.

Refusal Carries Its Own Penalty

Under RSA 265-A:14, a first refusal brings a 180-day license suspension, while a driver with a prior DWI conviction or a prior refusal faces a two-year suspension. Two years is a long time to go without a license.

The statute adds the suspension to the other penalties that can follow a conviction. It’s an extra consequence and not a replacement for them, which is why a refusal deserves attention from the start.

People arrested in Portsmouth or elsewhere near the seacoast who want to know how a refusal fits into their case can start with a Portsmouth DUI lawyer before assuming the charge will be simple. The license issue and the criminal charge can raise separate questions.

Roadside Tests and the Chemical Test Count Together

The statute treats refusal of both roadside tests and the chemical test after a single arrest as one refusal. A driver isn’t hit with a stack of separate suspensions from one stop. It does mean that choices made at the roadside and at the station can add up to one consequence.

Anyone with a prior history should treat a new arrest as a higher-stakes event, since the longer tier of the penalty depends on a driver’s record. That record can include prior convictions and prior refusals, which is why gathering it early matters.

A refusal often arrives alongside a charge, and Portsmouth DWI cases carry their own penalties for first and repeat offenses. Understanding both sets of penalties shapes how a driver approaches the case.

What Drivers Often Misunderstand

A few points cause confusion:

• A refusal and a DWI charge are separate matters, each with its own consequences.
• Declining a test doesn’t stop prosecutors from using other evidence, such as driving behavior and officer observations.
• Answers given and papers signed at the station can affect the case.
• A first refusal and a repeat refusal carry very different suspension lengths.

The criminal side carries its own penalties, and understanding DUI charges is a sensible starting point for any driver facing them. Both tracks deserve attention at the same time.

Steps After an Arrest

What happens in the first hours and days matters. Write down what happened while memory is fresh, keep every document you were given, and avoid discussing the arrest on social media.

Knowing the steps after an arrest early prevents avoidable mistakes, and early decisions often shape which options remain. A missed deadline or an offhand statement can limit what a defense can do later.

Officers face limits on what they can require at each stage, which is why knowing your rights after a DUI matters from the first moment of the stop. Knowing where those limits sit helps a driver avoid volunteering more than the law requires.

Defenses Depend on the Facts

Whether a stop was lawful, whether the officer followed proper procedure, and whether the testing was reliable are all questions a defense can raise. Not every strategy fits every case.

Several common DUI defense strategies focus on the stop, the testing, and the evidence, and which one applies depends on the details. A lawyer can match the approach to the facts of the stop.

About Our Firm

Charges rarely come alone after a stop. A single arrest can produce a DWI count, a license issue, and related traffic charges, and each one needs a plan. The stop and the testing are the first things we examine.

Becker Legal handles criminal defense and family law matters across New Hampshire and Maine. Attorney Leif A. Becker has practiced for 8 years and founded the firm.

Traffic offenses and other charges often arise alongside a DWI. We review them together with the license issue.

Facing Both Tracks at Once

A refusal case is really two cases that overlap, one about the charge and one about the license. Planning for both from the start gives a driver more options than reacting to each in turn.

Early decisions about the test, the statements, and the paperwork can affect both tracks. Anyone arrested in Portsmouth can reach out to a Portsmouth DUI lawyer to sort out the next step.