NJ Refusal Penalties

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

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  • First Refusal in New Jersey

    • Loss of license for up to 1 year
    • Fine of up to $500.00
    • Required to install an Ignition Interlock Device
    • 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 10 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

New Jersey DWI School Zone Violations

If a New Jersey DWI, New Jersey DUI or New Jersey refusal violation occurs in a school zone, the penalties and fines will double according to N.J.S.A. 39:4-50(g). In fact, you could be charged and convicted of a school zone violation even if it is 2:00 am in the middle of the summer. In order to be charged with and convicted of a New Jersey school zone violation, it does not matter that school was not in session.

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 732-965-3350 for a free initial consultation. We represent clients throughout Ocean County and Monmouth County New Jersey.