Refusal to Submit a Chemical Testing in New Jersey

  • Dan T. Matrafajlo
  • Fri Jun 2023
  • DWI,
  • 0
breath-test

When you get your driver’s license in New Jersey, you give implied consent that if asked you will submit to chemical testing. “Implied consent” refers to an implicit agreement between the State of New Jersey and all drivers in the state in which motorists agree to do a chemical test in exchange for the privilege of driving. Chemical tests can include giving breath, blood, or urine samples. As such, if you are pulled over for suspicion of driving under the influence, you are legally required to submit to a breathalyzer test requested by law enforcement.

New Jersey Legal Blood Alcohol Limit

New Jersey state law has a legal blood alcohol limit of 0.08%. This means, if you are pulled over for suspicion of drunk driving and your BAC is 0.08% or higher, you will mostly likely be convicted of drunk driving. 

Refusal to Submit to Chemical Testing

If you refuse to submit to a chemical test, you could face violations under N.J.S.A. 39:4-50a and penalties if you are convicted or plead guilty to a refusal. Below is a summary of the penalties under New Jersey state law:

First Offense

  • Fines ranging from $300 to $500; and
  • DDEF $100; and
  • Suspension of your driver’s license until an ignition interlock device is installed
  • 12 to 48 hours at IDRC
  • The court can order an installation of an ignition interlock for 9 to 15 months

Second Offense

  • Fines ranging from $500 to $1,000; and
  • DDEF $100; and
  • Suspension of your driver’s license for a time frame of 1 to 2 years following an installation of an ignition interlock device
  • Usually 48 hours at IDRC, in accordance with treatment classification
  • The court will order an installation of an ignition interlock for the duration of the suspension and for 2 to 4 years after the restoration of your driving privileges

Third or Subsequent Offense

  • Fines up to $1,000; and
  • DDEF $100; and
  • Suspension of your driver’s license for 8 years
  • IDRC in accordance with treatment classification
  • Court order of installation of an ignition interlock for 2 to 4 years after the restoration of your driving privileges

Refusal v. Miranda

Under current New Jersey law, Miranda rights do not apply to the submission of chemical testing. Miranda warning advises you of your right to have an attorney present. For most people, confusion between the two exists as to whether drivers have a right to an attorney during a breathalyzer test. The short answer is that motorists do not have the right to have an attorney present during the administration of a breathalyzer test under New Jersey law.

Contact Us Today!

If you have been arrested for a DWI offense, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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