NJ Refusal Penalties

If convicted of a DWI breath test refusal in NJ, the penalties can include:

• First Refusal in New Jersey

  • Loss of license until interlock device installment
  • Interlock device usage for 9-15 months
  • Fine of up to $500.00
  • Program and fee requirements according to the IDRC
  • Other fines and penalties

• Second Refusal in New Jersey

  • Loss of license for up to 2 years
  • Fine of up to $1,000.00
  • Required to install an Ignition Interlock Device
  • Program and fee requirements according to the IDRC
  • Other fines and penalties

• Third Refusal in New Jersey

  • Loss of license for up to 8 years
  • Fine of $1,000.00
  • Required to install an Ignition Interlock Device
  • Program and fee requirements according to the IDRC
  • Other fines and penalties

Underage DWI or DUI in New Jersey

A person who is under the legal drinking age of 21 can be convicted of an “underage DWI” in New Jersey if he or she is caught operating a motor vehicle with a BAC between 0.01% and 0.08%. If the individual blows a BAC of 0.08% or above, he or she will be charged with a first offense DWI or DUI and will be subject to all the fines and penalties normally associated with a New Jersey DWI. However, if the underage individual is below a 0.08%, he or she will be charged with underage DWI. While this is a serious violation, it is not considered a DWI for future sentencing purposes. The penalties for a New Jersey underage DWI conviction are the following:

• Forfeiture of your license for up to 90 days;
• Mandatory community service of up to 30 days; and
• Must satisfy the program and fee requirements of IRDC.

Call An Experienced NJ DWI and DUI Lawyer

If you have been charged with a DWI, DUI or refusal in New Jersey, call the experienced New Jersey DWI attorneys of Villani & DeLuca, P.C. at (732) 709-7757 for a free initial consultation. We represent clients throughout Ocean County and Monmouth County New Jersey.