What If I Refuse To Take A Breathalyzer?
In New Jersey, if you are pulled over on suspicion of driving under the influence of alcohol, you will be administered a chemical breath test. This is more commonly known as a breathalyzer test. What many people don’t realize is that when they receive their driver’s license, they consent to a breath test at that time. It is illegal in the state of New Jersey to refuse to take a breathalyzer and serious consequences will result in this refusal.
If this is your first offense for refusal, your driving privileges will be suspended for 7-12 months and you will also face a $300-$500 fine. In addition, as with any DUI offense, you will be required to take 12 hours of courses at the Intoxicated Driver Resource Center. The more offenses you face for refusing to take a chemical breath test, the more severe your consequences become. If this is your second offense, you are facing a license suspension of two years as well as a fine that can be anywhere from $500-$1,000. Any further offense will result in the suspension of your driver’s license for 10 years, a $1,000 fine and like all other DUI offenses, 12 hours at the IDRC. Refusing the chemical breath test will result in a large number of other fees and fines, with the severity depending on whether or not this is your first, second, third or subsequent offense.
What you also may be wondering is; what about refusing a field sobriety test? In that situation, the consequences are much less severe. You are technically allowed to refuse to take a field sobriety test but then you will be subject to a chemical breath test, which you are not allowed to refuse.