Do the same penalties apply for DUI as refusing to take a Breath Test in New Jersey?
They are similar New Jersey has an Implied Consent Law that states that all drivers operating on New Jersey roadways have agreed to submit to a breath test following an arrest for a drinking and driving offense. If you refuse to take the breath test you will be detained and face up to three years of surcharges and suspension. The refusal to submit to a breath test is equivalent to driving with a BAC of .10% or higher, therefore you will lose your driving privileges for up to one year on top of a possible DUI conviction.
Additional New Jersey Drunk Driving Defense FAQs
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Q:
Will I go to jail after a DUI in New Jersey?
A: On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out. More -
Q:
What happens if I do not comply with court ordered (IDRC) classes after a DUI in New Jersey?
A: The court will sentence you to a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of … More -
Q:
If I obtain an International driver's license, may I drive in New Jersey, even though my New Jersey license is revoked?
A: No. More -
Q:
Can I refuse to take a Breath Test after being pulled over for DUI in New Jersey?
A: No. By driving on the roads of New Jersey, according to statute, "Any person who operates a motor vehicle on any public road, street or highway or … More -
Q:
What if I am convicted of both DUI and refusing to take a Breath Test in New Jersey?
A: You will be sentenced for both violations, and your suspensions and potential jail time will be consecutive. In other words, your penalties will essentially double. … More -
Q:
What happens if I am convicted of DUI while driving within 1,000 feet of school property or a school crossing zone in New Jersey?
A: For a first offense, you will be fined from $500 to $800. You will be sentenced to jail for up to 60 days. Your driver's license will be suspended for a period of … More -
Q:
What happens if I am convicted of refusing to take a Breath Test and I was driving within 1,000 feet of school property, in New Jersey?
A: You will be fined between $500 and $1,000. For a first offense, your license will be suspended for one year; four years for a second offense; and, 20 years for a … More -
Q:
Once my DUI license suspension is up, do I automatically get my license back?
A: No. You must pay a restoration fee of $50.00 to the Division of Motor Vehicles. More -
Q:
If my license is suspended/revoked at the time of my DUI in New Jersey, how is the additional period of suspension calculated?
A: Any additional suspension imposed in the current DUI matter will begin on the date of termination of the existing revocation or suspension period. More -
Q:
What happens if I am under 21 and charged with DUI in New Jersey?
A: If you have a blood alcohol concentration of 0.01% or more, but less than 0.08%, you will forfeit your right to operate a motor vehicle in New Jersey or be prohibited … More

