New Jersey Breath Test Refusal: What You Need to Know

In New Jersey, all drivers are legally obligated to submit to a breathalyzer test if a law enforcement officer has probable cause to stop their vehicle and requests the test. Refusing to take a breath test is a separate offense from Driving While Intoxicated (DWI) and carries its own penalties under the state’s “implied consent” law. Importantly, being convicted of both Refusal and DWI can lead to double the penalties.

Penalties for Refusal:

First Offense:

• Requirement to install an ignition interlock device (IID) in your vehicle for a period of nine to fifteen months.
• Fines ranging from $300.00 to $500.00.
• Mandatory attendance at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours for an alcohol evaluation class.
• $200.00 DWI assessments.
• Insurance Surcharge of $3,000.00 ($1,000.00 per year for three years, payable through the MVC).
• Assessment of 9 insurance points.

Second Offense:

• Loss of New Jersey driving privileges for one to two years.
• Fines ranging from $500.00 to $1,000.00.
• Mandatory attendance at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours.
• $200.00 DWI Surcharges.
• Insurance Surcharge of $3,000.00 ($1,000.00 per year for three years, payable through the MVC).
• Assessment of 9 insurance points.

Facing a Refusal Charge in New Jersey?

It’s crucial to understand that there may be valid defenses against a New Jersey Refusal charge. These defenses can include situations where the police failed to properly read the required statements before your refusal or if there was no legitimate probable cause for the initial traffic stop.

If you are facing a DWI or Refusal charge in New Jersey, don’t hesitate to seek legal help. Contact me today for a free consultation with a New Jersey DWI attorney to discuss the specifics of your case. I have a proven track record of successfully defending individuals in New Jersey against these charges, helping them protect their driving licenses, livelihoods, and reputations. Call me now to explore how I can assist you.

For a free legal consultation, please email me or call me directly at 888-839-4529.