What Happens if I Refuse to Take a Breathalyzer Test IN NJ?

When someone is pulled over and asked to take a breathalyzer test under suspicion of being intoxicated, they may wonder whether they should refuse to take the test, especially if they have reason to believe they would fail it if they submit. Refusing to take a breathalyzer test is typically a bad idea, as a breathalyzer test refusal offense comes with its own set of penalties. Please continue reading and reach out to our Hackensack criminal law attorneys to learn more about what will happen if you refuse to take a breathalyzer test and how our firm can help defend you from DUI charges.

What penalties will I face if I refuse to take a breathalyzer test in NJ?

The penalties you’ll face for refusing a breathalyzer test depend on whether this is your first or subsequent offense. They are as follows:

  • First Offense: A $300-$500 fine and a license suspension of 7-12 months.
  • Second Offense: A $500-$1,000 fine and a license suspension of 1-2 years.
  • Third Offense: A $1,000 fine and an 8-year revocation of your driver’s license.

Are the penalties for a DUI worse than those for refusing to take a breath test?

Here in New Jersey, a first-offense DUI with a BAC of lower than .10% will most likely warrant the following penalties:

  • A $250-$400 fine
  • Forfeiture of your driver’s license until the ignition interlock device is installed
  • At least three months with the ignition interlock device in your vehicle
  • Up to 30 days of jail time
  • At least six hours per day for two days in an IDRC
  • A $1,000 insurance surcharge for three years

You should note that jail time for first-time offenders is relatively rare, though it is possible, and the other potential consequences associated with any alcohol-related offense can have long-term impacts on your life if convicted. The bottom line is that no matter the charges you’re facing, it’s in your best interests to speak with a New Jersey criminal defense lawyer as soon as you can. Aronsohn, Weiner, Salerno & Kaufman is here to help.

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.

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