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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.

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Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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