Dui/Dwi Refusal To Take Breath Or Blood Test

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Dui/Dwi Refusal To Take Breath Or Blood Test

DUI/DWI REFUSAL TO TAKE BREATH OR BLOOD TEST

When you obtain your driver’s license in New Jersey, you give your implied consent to submit to chemical tests. “Implied consent” refers to an implicit agreement between New Jersey drivers and the State in exchange for the privilege of driving. Chemical tests can include providing blood, breath, or urine samples. Therefore, if you are arrested for a DUI offense, you are required by law to submit to a breathalyzer test.

If you refuse to take a breathalyzer test when ordered to do so by law enforcement, you will be charged for refusing. Refusing to submit can include: a response that is ambiguous or conditional; an explicit refusal; or silence. In other words, by not explicitly agreeing to a breathalyzer, a person is refusing.

In addition to being charged with refusing to submit, you may still be charged with driving under the influence. A breathalyzer test is not required to convict you of driving under the influence.

Penalties – Refusal

First Offense

  • License revocation from 7 months to one year
  • Installation of ignition interlock device for the 7 to 12 month period of suspension and for 6 months to one year after restoration.
  • Fine between $300 and $500
  • 12 hour alcohol education course through the Intoxicated Driver Resource Center (IDRC)
  • Surcharge from the state of $3,000
  • Surcharge from your insurance company of at least $3,000

Second Offense

  • License revocation of two years
  • Installation of ignition interlock device for the 2 year period of suspension and for 2 years during the restoration program.
  • Fine between $500 and $1,000
  • 48 hour IDRC course in detainment
  • No jail
  • Surcharge from the state of $3,000
  • Surcharge from your insurance company of at least $3,000

Third or More

  • License revocation for ten years
  • Fine of $1,000
  • 12 to 48 hour IDRC detainment. You may be referred for additional, mandatory treatment
  • No jail (if the DWI gets dismissed as well)
  • Surcharge from the state of $4,500, payable over three years
  • Surcharge from your insurance company of at least $3,000