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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

By Kevin Leckerman

Attorney Kevin Lekerman
Get your questions answered – call me for your initial 20 min phone consultation (856) 429-2323
Leckerman