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SB 149

relative to the crime of aggravated driving while intoxicated.

2026 Regular Session Introduced by Kevin Avard and 6 co-sponsors

SB 149 would modify the aggravated DWI offense in New Hampshire, potentially changing definitions and penalties for enhanced intoxicated driving offenses.

Inexpedient to Legislate: MA VV 01/07/2026 HJ 1 P. 48
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Bill Summary · SB 149

Summary of SB 149 (Session 2026) – New Hampshire

Title

Relating to the crime of aggravated driving while intoxicated.

Purpose and Intent

SB 149 proposes changes to the crime of aggravated driving while intoxicated (DWI) in New Hampshire. The bill aims to modify classifications, penalties, or procedures associated with aggravated DWI, with the overall goal of addressing intoxicated driving more effectively through enhanced accountability or related measures. The exact statutory language is not provided here, but the bill is described as focused on the aggravated DWI offense.

Key Provisions and Changes (as indicated by the bill’s scope)

  • Revisions to the crime of aggravated driving while intoxicated. Potential areas of change typically associated with such bills may include:
    • Reclassification of offenses or enhancement triggers (e.g., higher penalties for repeat offenses, or for offenses involving aggravating factors such as high blood alcohol concentration, presence of a child, or property injury).
    • Modifications to penalties (jail time, fines, license suspension, or ignition interlock requirements).
    • Adjustments to evidentiary or procedural standards (e.g., testing procedures, chemical test admissibility, or jury instruction clarifications).
  • The bill would address how aggravated DWI is defined and prosecuted, potentially clarifying thresholds or circumstances that elevate a standard DWI to aggravated status.

Note: The exact statutory changes (specific sections, definitions, penalties, and procedures) are not provided in the summary materials available. The description “relative to the crime of aggravated driving while intoxicated” indicates a targeted reform of that offense.

Who Would Be Affected

  • Individuals charged with or convicted of aggravated driving while intoxicated in New Hampshire.
  • Law enforcement agencies and prosecutors handling DWI cases, who would implement any new definitions, evidentiary rules, or penalties.
  • The NH Department of Health and Human Services and the courts, particularly if administrative consequences (license suspensions, interlock requirements, or license revocation processes) are altered.
  • Defendants with prior DWI records if enhancements depend on prior offenses or accumulated points.

Procedural and Timeline Aspects

  • Legislative history indicates the bill was introduced in early 2025 and referred to the Judiciary/Criminal Justice and Public Safety committees, with ongoing consideration through 2025 and into 2026.
  • Notable milestones from the action history:
    • January 7, 2026: Committee action listed as “Inexpedient to Legislate” (a procedural outcome suggesting a recommendation to dismiss the bill).
    • November 13, 2025: Committee Report: Inexpedient to Legislate (Vote 16-0; CC) – indicates the committee recommended against advancement.
    • October 2025: Public and executive sessions rescheduled; multiple committee meetings indicate continued legislative scrutiny.
    • April 2025 – prior activity includes a public hearing, executive sessions, and a retention in committee, suggesting initial consideration and ongoing work before a final disposition.
  • The current record shows the latest action was “Inexpedient to Legislate” in January 2026, meaning the bill did not move forward toward passage in its current form.

Practical Implications

  • If enacted in a finalized form, the bill could alter the severity of penalties or the mechanics of prosecuting aggravated DWI, potentially affecting sentencing outcomes and post-conviction consequences.
  • Given the “Inexpedient to Legislate” disposition, the bill, in its current form, is not advancing and would not become law unless reintroduced or substantially amended and reconsidered in a future session.

If you’d like, I can tailor this summary to focus on specific aspects (e.g., potential penalties, enforcement implications, or comparison with current NH statutes) once the exact textual provisions are available.

Compiled from official sources — confirm details with the bill’s official record.

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