NJ DWI Refusal: Why Refusing a Breathalyzer Can Cost You More
When you obtained your New Jersey driver's license (or when you chose to drive on New Jersey roads as an out-of-state driver), you implicitly agreed to submit to chemical testing if lawfully arrested for DWI. This is the "implied consent" law. N.J.S.A. 39:4-50.4a makes it a separate offense to refuse a breath, blood, or urine test after a lawful DWI arrest. This is the part that surprises most drivers: refusal is its own charge, independent of whether you were actually intoxicated. You can be charged with both DWI and refusal simultaneously. And in many cases, the refusal penalties are harsher than the DWI penalties.
