Breathalyzer Test
In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.
If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.
Mandatory Fines and Penalties:
| Offense |
License loss
|
Fines, fees & surcharges |
Program requirement |
| 1st |
7 months – 1 year
1-2 years; school zone |
$300-$500 fine
$600-$1,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund |
12 hours minimum IDRC* |
| 2nd |
2 years
4 years; school zone |
$500-$1,000 fine
$1,000-$2,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund |
12 hours minimum IDRC* |
3rd and
subsequent |
10 years
20 years; school zone |
$1,000 fine
$2000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF* |
12 hours minimum IDRC* |
| |
|
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund |
|
Notes:
- IDRC - Intoxicated Driver Resource Center
- AERF - Alcohol Education and Rehabilitation Fund
- Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
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