Refusal to Submit a Breath Sample
In New Jersey if you get arrested for a DWI, you cannot refuse to take a breath test. When you get your license in New Jersey, you give consent for this breath test, known as “implied consent.” If you refuse a breath test, you will face the same loss of driving privileges as a DWI offense. Furthermore, the court will require the imposition of an ignition interlock device for all second and subsequent offenders of the Refusal statute.
Mandatory fines and penalties
| Offense | License Loss | Fines, fees & surcharges | Program requirement |
| 1st | 7 months – 1 year 1-2 years; school zone |
$300-$500 fine $600-$1,000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
12 hours minimum IDRC* |
| 2nd | 2 years 4 years; school zone |
$500-$1,000 fine $1,000-$2,000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund |
12 hours minimum IDRC* |
| 3rd & Subsequent |
10 years
20 years; school zone |
$1,000 fine
$2000 fine; school zone $230/day IDRC* fee $100 to drunk driving fund $100 to AERF* |
12 hours minimum IDRC* |
| $1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund |
Notes:
* IDRC – Intoxicated Driver Resource Center
* AERF – Alcohol Education and Rehabilitation Fund
* Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
