NJ DUI Refusal to Consent to Breath Testing Lawyer

     The implied consent law in New Jersey says that you must comply with a breath alcohol test if suspected of driving while intoxicated.  If you do not comply you shall receive a summons in which you are presumptively guilty of DUI regardless of whether you had anything to drink, making these very difficult cases to defend.

Despite the difficulty these cases present, however, with 40 years Experience as a NJ DUI Refusal Attorney, Avery & Avery has one of the top success rates in the State, utilizing the newest techniques and our vast trial experience to keep you out of trouble and on the road.  For a free consultation with our DWI Lawyers, give us a call at 201-943-2445.


What are the Penalties?

The possible penalties depend on the level of intoxication as well as if there are any prior offenses.

1st Offense:

  • $250 - $400 Fine + Assessments
  • 12-48 Hours in IDRC (Intoxicated Drivers Resource Center)
  • Possible Ignition Interlock Device on Your Vehicle
  • 3 Month License Suspension
  • Up to 30 Days in Jail

2nd Offense:

  • $500 - $1,000 Fine + Assessments
  • 30 Days Community Service
  • 24 Month License Suspension
  • Minimum 2 Days in Jail and up to 90 Days
  • Screening and Evaluation by the IDRC
  • Installation of Ignition Interlock Device for 1-3 Years

3rd or Subsequent Offense:

  • $1000 Fine + Assessments
  • Possible Community Service
  • 10 Year License Suspension
  • Minimum 180 days in Jail
  • Screening and Evaluation by the IDRC
  • Installation of ignition interlock device for 1-3 years

In addition to the above, for any Drug DUI, New Jersey will assess a surcharge against you for $1,000 for each of the following three years.


Can I Fight my Refusal Charge?

Refusal cases are more difficult defend than a typical drunk driving charge.  The law on refusals is governed by N.J.S.A. 39:4-50.2.  This statute makes it illegal in any case, drunk, or not, to refuse chemical breath tests.

Even so, there are other routes of defense that circumvent the refusal all together.  For a free consultation on how we can help, call today.

Cop giving breathalyzer website


Frequently Asked Questions

I was charged with DUI in a School Zone, what does that mean?

School Zone DWI cases carry significantly enhanced penalties over a regular DWI.  It does not matter what time of day it is or whether children are present.  The penalties are as follows:

  • For a first offense, mandatory 1 year and up to 2 years loss of license, a large fine, and possible 60 days in jail.  
  • A second offense includes a large fine, 60 days community service, a minimum of 4 days in prison which can be extended up to 6 months, and a 4-year license suspension.  
  • A third offense in a school zone shall result in a large fine, 6 months in jail, and a 20-year license suspension.  

These penalties are in addition to the other penalties for any separate drunk driving or alcotest refusal tickets.  School zone DUI tickets are covered in section G of the drunk driving statute N.J.S.A. 39:4-50.

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