DUI Refusals in New Jersey

Getting pulled over for suspicion of DUI can be a terrifying experience, even if you only had a single drink. Most drivers have a pretty good idea of when they are no longer safe to drive, but you can never be sure. And you wouldn’t be the first person to think that you were not impaired when you actually were. Unfortunately, when it comes to DUIs in New Jersey, there is not requirement that you knew you were intoxicated. Instead, law enforcement officers typically rely on chemical tests—usually of your breath or blood.

Whenever the issue of breathalyzer tests comes up, the issue of refusals frequently follows. DUI refusal is the name that New Jersey DUI lawyers give to the situation where a driver refuses to provide a sample. The thought goes: if you don’t provide a blood or breath sample, the police can’t prove you were intoxicated. And, while this is not correct, it’s also not entirely incorrect.

A Primer on New Jersey Refusals

New Jersey has an implied consent law. Essentially, this law provides that by operating a vehicle on the state’s roads, you automatically consent to submit to breath tests to determine your blood alcohol content (BAC) if law enforcement suspects you are driving under the influence.

Notwithstanding the New Jersey implied consent law, law enforcement typically cannot obtain a sample without your cooperation. This is why it’s called a refusal – you’re refusing to honor the consent you previously gave by obtaining a driver’s license and driving on a public road.

Does Refusing a DUI Test Help?

Whether refusing chemical testing is a good idea totally depends on the surrounding circumstances. Typically, the considerations are, on one hand, the likelihood of getting arrested and convicted and, if that happens, what’s on the line. On the other hand, refusals come with their own penalties. Additionally, in New Jersey, state law allows prosecutors to bring up the fact that you refused testing, which can be hard to explain to the judge or jury.

What Happens if You Refuse a Blood or Breath Test in New Jersey?

Refusing a breathalyzer or blood test in New Jersey carries penalties, which are separate from DUI penalties.

First Time Refusal

License Suspension: until an ignition interlock device is installed and a new license is obtained from MVC showing the interlock requirement
Fines: $300 to $500
Ignition Interlock Device: Required for 9 to 15 months after license restoration

Second Time Refusal

License Suspension: 1 to 2 years
Fines: $500 to $1,000
Ignition Interlock Device: Required for 2 to 4 years after license restoration

Third Time Refusal

License Suspension: 8 years
Fines: $1,000
Ignition Interlock Device: Required for 2 to 4 years after license restoration

To Refuse or Not to Refuse, That Is the Question…

At the end of the day, if you’ve been pulled over for a New Jersey DUI, it’s almost impossible to make the right call in the moment. But that’s where Levow DUI Law comes in. At our New Jersey DUI defense law firm, we have successfully defended thousands of DUI cases across New Jersey. We are passionate about DUI law, and it’s all we do. In fact, we’re one of the few firms in New Jersey to handle only DUI cases. If you’re facing drunk driving charges, don’t leave your future up to chance, bring Levow DUI Law into your corner and let’s fight your case together. To learn more and to schedule a free consultation today, give us a call at 877-593-1717.