New Hampshire Sends Message to Drivers Using Hand-Held Electronic Devices

The state of New Hampshire is getting tougher with drivers using smartphones or other electronic devices while driving.

Gov. Kelly Ayotte has signed into law a measure that hikes the financial penalties and adds license suspension for repeat offenses involving the use of a hand-held mobile electronic device while driving. The new law calls for enhanced penalties if the distracted driving violation is a contributing factor in a motor vehicle crash.

State law prohibits drivers from holding or using any electronic device—such as cell phones, GPS devices, and tablets—while driving or when temporarily halted in traffic. There is an exception for drivers using such a device to call 911 or another public safety agency to report an emergency.

Violating the law is a primary offense, meaning police officers do not need another traffic violation such as speeding to initiate a stop.

Current law imposes fines of $100 for a first offense; $250 for a second offense; and $500 for a third or later offense.

The new law calls for:

• First offense: $250 fine, or $500 fine if it is crash-contributing
• Second offense: $500 fine, or $750 fine if crash-contributing
• Third or later offense: $750 fine plus license suspension up to 30 days, or $1,000 fine plus 60-day suspension if crash-contributing

The new law will go into effect January 1, 2027.

The bipartisan distracted driving legislation was introduced by Sen. Donovan Fenton, a member of the Governor’s Highway Safety Task Force that has made recommendations to address speeding, wrong-way driving, and distracted driving.

According to the state Office of Highway Safety, there were 138 traffic deaths in the state in 2025, up from 133 in 2024. Historically, distracted and inattentive driving are cited in about 15% fatal crashes annually.

In an analysis of 2021 crash data, the task force noted that out of about 28, 000 crashes reported, more than 15% (4, 106 crashes) had “Inattention/Distraction” listed as a contributing factor.

But according to state officials, that number may be low.

‘”Distracted driving is suspected to be greatly underreported in fatal and serious injury collisions. The distracted driving crashes have proven difficult to track as a contributing factor in crashes. By the time investigating officers arrive at the scene, any indicators that distraction may have been the cause of the crash most times no longer exist,” the task force report says.

Ayotte last month signed into law an increase in the penalty for drivers who refused a breath alcohol test when stopped on suspicion of driving under the influence (DUI). This new law increases the administrative license suspension time from six to nine months for drivers who refuse DUI testing.

Topics Personal Auto