What You Need to Know About Refusing a Breath Test in New Jersey
One of the most common ways the police and prosecutors use to prove a drunk driving case is a breath test. The result of a breath test can help determine your blood alcohol concentration (BAC), which is necessary to show that you were intoxicated while driving.
A DWI (driving while intoxicated) can be more difficult to prove without a valid BAC measurement. However, if you refuse to submit a breath test, it can result in additional penalties.
New Jersey’s Implied Consent Law
New Jersey has an “implied consent” law that requires motorists who are legally arrested for drunk driving to submit to an alcohol test. However, this implied consent law in New Jersey is different than most other states.
New Jersey’s law states that any individual who operates a motor vehicle in the state is deemed to have given consent to chemical testing of their breath. Unlike other states, New Jersey’s implied consent law does not mandate drivers to take blood or urine tests.
Penalties for Refusal of Breath Test
If you have been cited for refusal of a breath test, you will face penalties if the magistrate judge determine by a preponderance of the evidence (more likely than not) all of the following elements:
- The arresting officer has probable cause to believe that you were driving or in actual physical control of your car while under the influence of alcohol or drugs
- You were lawfully arrested for drunk driving
- The officer informed you of the consequences of your refusal to submit to a breath test
- The officer requested a breath test, and
- You refused to submit to a breath test.
If the judge can prove all of these factors, he or she will order the suspension of your driver’s license and issue fines.
| 1st Offense | 2nd Offense | 3rd Offense | |
| License Revocation | 7 to 12 months | 2 years | 10 years |
| Fines | $300 to $500 | $500 to $1,000 | $1,000 |
A revocation of your license will typically run concurrently (back-to-back) with any other DWI-related revocation periods (a DWI conviction will also result in license revocation). However, for a first offense, the judge can order that the suspensions run together (at the same time).
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.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
