Refusal to Submit to Breath Alcohol/Chemical Test | Fines & Penalties | Toms River Attorney

 
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What are the fines and penalties for refusing to take or submit to a breathalyzer or chemical test for DWI in New Jersey?

REFUSAL TO SUBMIT TO BREATH ALCOHOL/CHEMICAL TEST

N.J.S.A. 39:4-50.4a

Please note:  If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.
N.J.S.A.
39:50-4a
Refusal to Submit

1st Offense

2nd Offense

3rd or Subsequent Offense

Fines

Fine: $300 to $500,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33
Fine: $500 to $1000,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33
Fine: $1000,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33

Loss of Driver’s License

Driver’s license suspension not less than 7 months nor more than 1 year (consecutive to any revocation under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent)

Driver’s license suspension for 2 years (consecutive to any revocation under N.J.S.A. 39:4-50)

Driver’s license suspension for 10 years (consecutive to any revocation under N.J.S.A. 39:4-50)

IDRC

12 to 48 hours

In accordance with individual treatment classification (usually 48 hours)

In accordance with individual treatment classification

Interlock for Principal Vehicle

Shall order installation of ignition interlock device during period of suspension and for not less than 6 months nor more than 1 year, beginning immediately upon return of offender’s driver’s license.

Shall order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years, beginning immediately upon return of offender’s driver’s license.

Shall order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years, beginning immediately upon return of offender’s driver’s license.