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Law Offices of Peter G. Aziz & Associates LLC
973-869-5765
  • Home
  • About
    • Peter G. Aziz, Esq.
    • Paul D`Alessandro, Esq.
    • Samuel G. Shusterhoff, Esq.
    • Thomas R. Szieber Jr., Esq.
    • Andrew E. Sarti, Esq.
    • Salim F. Sabbagh, Esq.
    • Lauren DiBisceglie
    • Dr. Sandy G. Aziz
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Civil Litigation
    • Franchise Law
    • Real Estate
    • Trusts & Estates
  • Testimonials
  • Blog
  • Contact
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What are the consequences of refusing a breath test?

On Behalf of Law Offices of Peter G. Aziz & Associates LLC | Apr 2, 2025 | DUI/DWI

Facing a drunk driving charge is daunting, and the decisions you make can have lasting consequences. One choice that many people consider is whether to refuse a breath test when pulled over by police.

While it might seem like a way to avoid trouble, refusing a breath test in New Jersey has its own set of penalties. Understanding the risks and repercussions can help you make informed decisions and prepare a strong defense.

The penalty for refusing a breath test

If it’s your first offense, expect a fine between $300 and $500 and a license suspension lasting from seven months to a year. A second offense increases the fine between $500 and $1,000, coupled with a two-year license suspension. If you refuse a third time, you’re looking at a hefty $1,000 fine and a decade-long license suspension.

Moreover, you must install an ignition interlock device after getting your license back. This device prevents your car from starting unless you pass a breath test. For a first offense, you’ll need it for six months to a year. Second and third offenses require the device for one to three years.

Additionally, refusing a breath test may lead to a $1,000 annual insurance surcharge for three years if it’s your first or second offense. The surcharge jumps to $1,500 for a third offense.

You may also have to pay a $100 fee, which will go to the Drunk Driving Enforcement Fund. A court may refer you to the Intoxicated Driver Resource Center, where you’ll receive education and treatment to address alcohol-related issues.

Know what you are up against

Refusing a breath test might seem like a quick escape, but it can lead to severe financial and personal consequences. If you’re facing charges, consider contacting an attorney who can help protect your rights.

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