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New Jersey DWI Refusal

You may be surprised to learn that if you hold a valid driver’s license from New Jersey or any other state, you have given your consent to submit to a breath sample by law enforcement by driving on any public road, street, or highway in the state. Failure to submit to a breath test will result in a DWI refusal charge, also known as an implied consent violation.

A Second, Separate Charge

It is important to understand that this charge is related to the act of refusing the official breath test and is in addition to any DWI charge you may face. Under New Jersey DWI law, even if you are acquitted on the DWI charge, you can still be convicted on the refusal charge.

License Suspension IDRC Detainment Ignition Interlock Fines Surcharges
1st Offense 7 months -1 year 12 hours minimum 6 months -1 year $300-$500 $3,500+
2nd Offense 2 years 12 hours minimum 1-3 years $500-$1,000 $3,500+
3rd Offense 10 years 12 hours minimum 1-3 years $1,000 $5,000+

Note: The ignition interlock device must be installed for the duration of the license suspension plus the addition period noted in the table above.

New Jersey DWI Refusal Penalties in a School Zone

License Suspension IDRC Detainment Ignition Interlock Fines Surcharges
1st Offense 1-2 years 12 hours minimum 6 months -1 year $600-$1,000 $3,500+
2nd Offense 4 years 12 hours minimum 1-3 years $1,000-$2,000 $3,500+
3rd Offense 20 years 12 hours minimum 1-3 years $2,000 $5,000+

Note: Ignition interlock device must be installed for the duration of the license suspension plus the additional period noted in the table above.

Effective New Jersey DWI Refusal Defense

DWI refusal cases are highly complex legal matters that are best handled by experienced DWI professionals.Attorney Steven Hernandez has a proven track record of success in representing clients facing DWI refusal charges.