2006 New Hampshire Statutes - Section 265:92 Refusal of Consent.

    I. If a person under arrest for any violation or misdemeanor under RSA 265 refuses upon the request of a law enforcement officer to submit to physical tests or to a test of blood, urine, or breath designated by the law enforcement officer as provided in RSA 265:84, none shall be given, but:
       (a) If this is the first refusal with no prior driving while intoxicated or aggravated driving while intoxicated convictions:
          (1) The director shall suspend his license to drive or nonresident driving privilege for a period of 180 days; or
          (2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny to the person the privilege to drive and the issuance of a license for a period of 180 days after the date of the alleged violation.
       (b) If the person has a prior driving while intoxicated or aggravated driving while intoxicated conviction or a prior refusal of consent under this section:
          (1) The director shall suspend his license to drive or nonresident driving privilege for a period of 2 years; or
          (2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny to the person the privilege to drive and the issuance of a license for a period of 2 years after the date of the alleged violation.
    II. The 180-day or 2-year suspension period or denial of issuance period imposed pursuant to this section shall not run concurrently with any other penalty imposed under the provision of this title. Any such suspension or denial of a license or privilege to drive shall be imposed in addition to any other penalty provided by law, subject to review as provided in RSA 265:91-b.
    III. A refusal of consent for both post-arrest physical testing and testing of blood, urine or breath following any one arrest shall be deemed one refusal for the purposes of this section.

Source. RSA 262-A:69-e. 1965, 238:1. 1969, 119:3. 1971, 213:1. 1979, 362:2. 1981, 146:1; 563:4. 1983, 373:20. 1985, 89:1. 1989, 353:21. 1990, 219:3-5. 1992, 258:8-10. 1993, 48:17; 342:8, eff. Jan. 1, 1994.