When you're pulled over and an officer suspects you've been drinking, everything can change in a matter of minutes. It’s stressful, disorienting, and you may not be thinking clearly. Some drivers believe that refusing a breathalyzer test will help them avoid a DUI charge. But in New Jersey, that decision can lead to serious consequences, often more severe than the DUI itself.
If you’ve refused a breathalyzer in NJ, you’re not just dealing with a DUI stop—you’re facing a separate charge with its own penalties. And it’s not something to take lightly. Here’s what that charge really means and how it can impact your future.
What It Means to Refuse a Breathalyzer in New Jersey
New Jersey is an implied consent state. By operating a motor vehicle, you’ve legally agreed to submit to a chemical breath test if police have probable cause to believe you’re driving under the influence. Refusing to take the test (by saying no, staying silent, or failing to cooperate) can result in a refusal charge under New Jersey law.
This is not a minor procedural issue. It’s a standalone offense that must be prosecuted in municipal court, and if you’re convicted, it carries its own set of serious penalties—separate from any DUI or DWI charges you may be facing.
Why Refusing a Breathalyzer Can Hurt You More Than You Think
Under current New Jersey law, penalties for breath test refusal focus heavily on mandatory ignition interlock device (IID) use. For some first-time offenders, installing an IID may help avoid license suspension. For others, especially repeat offenders, refusal can lead to lengthy suspensions, multiple years of interlock use, and significant financial burdens.
Refusal Comes With Serious Penalties—Even If You’re Not Convicted of DUI
If you’re found guilty of refusing a breath test in municipal court, your driving privileges will be restricted—even if you're not convicted of DUI. The penalties for refusal are as follows:
- First offense: No license suspension if an IID is installed; interlock must remain for 9 to 15 months
- Second offense: 1 to 2 years license suspension, plus IID required for 2 to 4 years
- Third or subsequent offense: 8 years license suspension, with IID required for 2 to 4 years
These penalties are imposed by the New Jersey Motor Vehicle Commission (MVC) and are enforced independently from any DUI conviction. For second and third offenses, the penalties for refusal may be applied consecutively to any penalties for a related DUI.
Fines and Surcharges Add Up Quickly
A refusal conviction in New Jersey carries steep financial consequences that can continue long after your court date. These expenses often include:
- Significant court fines, which increase with each offense
- Annual surcharges from the New Jersey Motor Vehicle Commission (MVC), for up to three years
- Mandatory attendance at the Intoxicated Driver Resource Center (IDRC), with daily program fees and up to 48 hours of participation required
- Costs related to ignition interlock device (IID) use, including installation, monthly service, and maintenance fees
- Statutory payments to state funds, such as the Drunk Driving Enforcement Fund and other court-mandated assessments
- License restoration fees and court costs, which apply once you’re eligible to regain driving privileges
Altogether, these financial penalties can easily amount to thousands of dollars. Beyond the monetary burden, a refusal conviction can interfere with your job, caregiving responsibilities, or ability to meet daily needs, especially if you lose your license or face long-term interlock restrictions.
You’ll Be Required to Install an Ignition Interlock Device (IID)
An ignition interlock device (IID) is a breath-activated system that prevents your vehicle from starting if it detects alcohol. If you’re convicted of refusing a breath test in New Jersey, IID installation is mandatory—even if no test result was obtained.
The specific duration of use depends on your offense history, and for some first-time offenders, installing an IID may prevent license suspension. That said, the device must be installed, monitored, and maintained at your expense. Costs typically include an installation fee, monthly service charges, and required calibration appointments.
Noncompliance (such as removing the device early, failing to appear for maintenance, or testing positive for alcohol) can delay your license restoration or result in additional penalties.
Your Insurance Rates Will Spike
Refusal convictions signal high risk to insurance carriers. In many cases, drivers see sharp premium increases, non-renewals, or canceled policies. For those who rely on their vehicle for commuting, caregiving, or daily life, this added burden can have serious long-term effects.
Refusing the Test Won’t Stop a DUI Charge
Some drivers assume that refusing a breath test will prevent a DUI conviction. But that’s simply not the case.
Even without a chemical test, prosecutors can build a DUI case using other evidence, including:
- Officer observations
- Your physical appearance and behavior
- Field sobriety test results
- Video footage from the scene
- Statements from witnesses
That means you may face both DUI and refusal charges, with separate penalties for each offense.
What Happens After You Refuse?
Your case will be heard in the municipal court of the town or city where the stop occurred. Whether you were pulled over in Mount Laurel, Willingboro, Bordentown, or anywhere else in New Jersey, your local court will decide the outcome of your refusal charge.
To secure a conviction for refusal, the prosecution must prove that:
- The officer had probable cause to believe you were under the influence
- You were clearly informed of the consequences of refusing
- You knowingly and willfully refused to provide a breath sample
If the court finds these elements are met, penalties will be imposed—even if you weren’t intoxicated. Because refusal charges are prosecuted separately from DUI, both may move forward simultaneously.
Every municipal court handles these cases a little differently. That’s why working with a defense lawyer who knows the local process, like those at Davis Law Firm, can make a critical difference in how your case unfolds.
Is It Possible to Fight a Refusal Charge?
Yes, but timing and details matter. Refusal charges are often won or lost based on highly technical issues, including:
- Whether the traffic stop or arrest was lawful
- Whether the officer followed proper procedure when issuing the refusal warning
- Whether medical conditions, confusion, or language barriers were involved
- Whether your conduct actually amounted to a legal refusal
A skilled DUI and refusal defense attorney can evaluate the facts, identify potential defenses, and challenge the prosecution’s case. But the sooner you act, the more options you’ll have.
What to Do If You’ve Been Charged with Refusing a Breathalyzer in NJ
If you’ve been charged with refusal, here’s how to protect your rights and give yourself the best chance of a favorable outcome:
- Don’t speak to police or prosecutors without legal counsel
- Gather all paperwork related to your stop and arrest
- Write down every detail you remember from the traffic stop
- Contact a criminal defense lawyer with experience handling DWI and refusal cases in your area
The earlier you act, the better positioned your lawyer will be to intervene and protect your interests.
Talk to a Local Attorney Who Understands What’s at Stake
At Davis Law Firm, we represent individuals throughout Mercer, Somerset, Middlesex, Burlington, and Camden counties, including Trenton, Hamilton, Mount Holly, East Windsor, Ewing, Medford, Moorestown, and beyond. If you've refused a breathalyzer in NJ, or are facing related DUI charges, we’re here to help you understand your rights and guide you through your next steps.
Refusal charges are serious, but you don’t have to face them alone. Contact us today to schedule a confidential consultation and get the legal support you need.
Disclaimer: The information provided in this blog is for general informational purposes only and should not be construed as legal advice. Every case involves unique facts and circumstances. Reading this blog does not create an attorney-client relationship with Davis Law Firm. If you’ve been charged with refusal or DUI in New Jersey, consult a qualified attorney to discuss your specific situation.
