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NJ Refusal to Submit to Breath Test Penalties

Many people think that it would be better to simply NOT give a breath sample if they are arrested for Driving While Under the Influence. But actually, in the State of New Jersey, you can be charged for refusing to submit to this breath test (N.J.S.A. 39:4-50.4).

The penalties for a Refusal are as follows:

First Offense

Minimum 7 month suspension of driver’s license

$689-889 fines and costs

12 hours in the IDRC

$1000 per year surcharge for 3 years

Potential for the requirement of the installation of an ignition interlock device


Second Offense

2 year suspension of drivers license

30 days community service

$889-1,389 fines and costs

12 hours in the IDRC

Ignition Interlock for 1-3 Years

$1000 per year surcharge for 3 years


Third Offense

10 year suspension of driver’s license

$1389 fines and costs

12 hours IDRC

Ignition Interlock for 1-3 Years

$1500 per year surcharge for 3 years


Generally speaking, you should submit to the breath test and following the instructions given to you by the officer conducting that test. Do not think you will outsmart them or the machine. If you have been charged with Refusal, please contact my office so that we can discuss the specific facts of your case, and any defenses you may have.

609-515-6103
South Jersey Attorney with a focus on Criminal Defense & Divorce
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