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Breathalyzer test

In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.

If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.


Mandatory fines and penalties

Offense License loss
Fines, fees & surcharges Program requirement
1st
7 months – 1 year
1-2 years; school zone
$300-$500 fine
$600-$1,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
12 hours minimum IDRC*
2st
2 years
4 years; school zone
$500-$1,000 fine
$1,000-$2,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
12 hours minimum IDRC*
3st and subsequent
10 years
20 years; school zone
$1,000 fine
$2000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
12 hours minimum IDRC*
    $1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
 

Notes:
* IDRC - Intoxicated Driver Resource Center
* AERF - Alcohol Education and Rehabilitation Fund
* Alcohol and drug-related offenses require completion of an alcohol screening and   evaluation program