Breath TEST refusal (N.J.S.A.
39:4-50.4a)
New Jersey has an implied consent law. This means that motorists on New Jersey
roadways have agreed, simply by using New Jersey roadways, to submit to a
breath test given by law enforcement or hospital staff following an arrest for
a drinking- and-driving offense. Motorists who refuse to take a breath test
will be detained and brought to a hospital, where hospital staff may draw
blood.
Motorists who
refuse to take a breath test in New Jersey are subject to an MVC insurance
surcharge of $1,000 per year for three years. Failure to pay this surcharge
will result in an indefinite suspension of driving privileges until the fee is
paid. Motorists who refuse to take a breath test will be detained and brought
to a hospital, where hospital staff may draw blood.
Under state
law, refusal to take a breath test is equal to driving with a BAC of .10
percent for a first offense. The current penalty for refusal is the loss of
driving privileges for between seven months and one year, to run concurrently
or consecutively, based upon a judge’s order.
- Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf
- The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device (see page 117) is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorist’s breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Installation is for six months to three years, beginning when the motorist’s driver license has been restored following suspension.
- Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf
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