If You Refuse A Chemical Test In New Jersey

Unlike most other states in the U.S., New Jersey DWI law does not have an administrative civil aspect to it's drunk driving laws. The only time a person's driver's license will be suspended is upon a conviction of a DWI or DWI Refusal. The penalties that will be imposed for a DWI conviction are listed in the New Jersey Penalties DWI section. The penalties for a DWI Refusal are listed below. It is important to understand that a person may be sentenced to DWI penalties and DWI Refusal penalties. Should that occur, the penalties will run consecutively to each other.

New Jersey DWI Implied Consent Law

Any person who operates a motor vehicle on any public road, street, highway or quasi-public area in the state of New Jersey is deemed to have given his/her consent to chemical breath testing at the request of a 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 that he/she is entitled to have additional samples of his/her blood, breath, or urine tested by a person or physician of their choosing. The police are also required to inform the driver of the consequences that will result from a breath test refusal (see below).

Penalties for refusing a DWI chemical test in New Jersey

DWI FIRST OFFENSE REFUSAL - FINES: $300-$500, plus an additional $136 in assessments; SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years; LICENSE SUSPENSION: 7 months - one year license suspension (which may run concurrently with any other license suspension imposed as a result of a DWI conviction arising from the same incident).

DWI FIRST OFFENSE REFUSAL - COMMERCIAL DRIVERS - FINES: $250-$500, plus an additional $136 in assessments; LICENSE SUSPENSION: 7-12 months.  The commercial driver's license will be suspended separately for one year, even if the offense did not occur in a commercial vehicle.  SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years.

DWI FIRST OFFENSE REFUSAL - SCHOOL ZONE - FINES: $600-$1,000, plus an additional $136 in assessments; LICENSE SUSPENSION: 1 year - 2 years; SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years.

DWI SECOND OFFENSE REFUSAL - FINES: $500-$1,000, plus an additional $136 in assessments; LICENSE SUSPENSION: 2 year license suspension (which shall run consecutively to any license suspension imposed as a result of a DWI conviction arising from the same incident). SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years.

DWI SECOND OR SUBSEQUENT OFFENSE REFUSAL - COMMERCIAL DRIVERS - FINES: $250-$500, plus an additional $136 in assessments; LICENSE SUSPENSION: 2 years; SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years.

DWI SECOND OFFENSE REFUSAL - SCHOOL ZONE - FINES: $1,000-$2,000, plus an additional $136 in assessments; LICENSE SUSPENSION: 4 years; SURCHARGES: out of court - $3,000 to the state billed $1,000 a year or monthly, plus a surcharge from the insurance company for 3 years.

DWI THIRD OR SUBSEQUENT OFFENSE REFUSAL - FINES: $1,000, plus an additional $136 in assessments; LICENSE SUSPENSION: 10 year license suspension (which shall run consecutively to any license suspension imposed as a result of a DWI conviction arising from the same incident); SURCHARGES: out of court - $4,500 to the state billed $1,500 a year or monthly, plus a surcharge from the insurance company for 3 years.


**NOTE - A conviction or administrative determination of a substantially similar law violation in another jurisdiction is counted as prior convictions. This is subject to the New Jersey DWI court process and procedure. Additionally, persons who refuse chemical testing will be referred to an Intoxicated Driver Resource Center where additional restrictions will be imposed.

Who makes the decision about whether a license should be suspended under New Jersey DWI Implied Consent?

The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue.

For a free consultation, contact a qualified DWI attorney at Levow & Associates, P.A. - 856-429-8437 - to discuss your case.