Taking a Breathalyzer Test:  Pursuant to N.J.S.A. 39:4-50.2, any person who operates a motor vehicle on public roads, streets, or highways is deemed to have given consent to the taking of samples of his breath for the purpose of determining the content of alcohol in his blood.  The test may not be taken forcibly and against the physical resistance of the defendant.  However, the police officer must inform the person arrested of the consequences of refusing to submit to such test.  The penalties for refusing to submit to a breathalyzer test are set forth in N.J.S.A. 39:4-50.4(a), and are explained below.

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First DUI Offense Refusal to Submit to Breathalyzer Test: ​

• Fines:  Fines between $300 - $500 plus court costs and fees.

• Driver’s License Suspension:  If the refusal was in connection with a 1st DUI offense, the individual must forfeit their right to operate a motor vehicle until the person installs an Ignition Interlock Device in their motor vehicle.  *NOTE:  Any driver’s license suspension for failing to submit to a breathalyzer test can be imposed consecutively or concurrently to any license revocation imposed for a 1st DUI.

• Intoxicated Driver’s Resource Center:  The individual is required to spend 12 to 48 hours attending an intensive alcohol education program at the Intoxicated Driver Resource Center.  Failure to comply with this requirement could result in jail time.

• Ignition Interlock Device:  An Ignition Interlock Device is a device that makes it impossible to start a motor vehicle without first providing a clean breath sample.

 

Second DUI Offense Refusal to Submit to Breathalyzer Test: ​

• Driver’s License Suspension:  If the refusal was in connection with a 2nd DUI offense, the person’s driver’s license will be suspended for a period of 1 to 2 years.  *NOTE:  Any driver’s license suspension for failing to submit to a breathalyzer test must be imposed consecutively to any license revocation imposed for a 2nd DUI.

• Fines:  Fines between $500 to $1,000, plus court costs and fees.

• Intoxicated Driver’s Resource Center:  Requirement to spend 48 hours attending an alcohol education program at the Intoxicated Driver’s Resource Center.  The individual may also be required to complete up to 4 months of treatment.  Failing to comply with these requirements could result in jail time.

• Ignition Interlock Device: An Ignition Interlock Device must be installed for 2 to 4 years following the return of the individual’s driver’s license.

 

Third or Subsequent DUI Offense Refusal to Submit to Breathalyzer Test: ​

• Driver’s License Suspension:  If the refusal was in connection with a 3rd or subsequent DUI offense, the person’s driver’s license will be suspended for a period of 8 years.  *NOTE:  Any driver’s license suspension for failing to submit to a breathalyzer test must be imposed consecutively to any license revocation imposed for a 3rd or subsequent DUI.

• Fines:  $1,000 in fines, plus court costs and fees.

• Intoxicated Driver’s Resource Center:  Participation in the Intoxicated Driver’s Resource Center at the court’s discretion.  Failure to comply with this requirement could result in jail time.

• Ignition Interlock Device:  An Ignition Interlock Device must be installed for 2 to 4 years following the return of the individual’s driver’s license.