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DWI: Breath, Blood Or Urine Test Refusal

In New Jersey, the penalties for refusing to submit to any alcohol, blood or urine test can be the same or more than you would have gotten had you been convicted of the actual DWI charge.

Any person who operates a motor vehicle on any public roadway is deemed to have given his/her consent to chemical breath testing at the request of the police officer with reasonable grounds to believe that such person has been operating a motor vehicle under the influence.

The police making the request are required to inform the driver of the consequences that will result from a breath test refusal.

Penalties For Refusing A DWI Chemical Test

The penalties for refusal include:

First offense

  • Fines: $300-$500
  • License suspension: 7 months-1 year (which may run concurrently with any other license suspension imposed as a result of a DWI conviction arising out of the same incident)
  • Annual insurance surcharge of $1,000 for 3 years
  • Treatment: Intoxicated Drivers Resource Center
  • Ignition interlock device: term of the suspension and 6 months to one year following restoration

Second offense

  • Fine: $500-$1,000
  • License suspension: 2 years
  • Treatment: IDRC
  • Ignition interlock device: term of the suspension and 1-3 years following restoration
  • Annual insurance surcharge of $1,000 for 3 years

Third or subsequent offense

  • Fine: $1,000
  • License suspension: 10 years
  • Treatment: IDRC
  • Ignition interlock device: for the term of the suspension and 1-3 years following restoration

How To Contact Our Red Bank Attorneys

To contact our law firm and make an appointment with an experienced DWI lawyer, please contact Karcher Law Firm by calling 732-852-7018.