What are the Penalties for Refusal of an Alcohol Test?

If you've been stopped by the police and that officer suspects that you are driving while intoxicated, at some point he may have the ability to bring you down to the police station to administer the AlcoTest. It's important to understand that in New Jersey, you have absolutely no right to refuse to take the AlcoTest. You must submit to it. You also don't have the right to ask for an attorney prior to taking that test. And if you do and then don't take the test, it would be considered a refusal.

It also may be considered a refusal if you do not blow hard enough into the machine for it to take an accurate sample from you. Uh, after doing that a number of times, the officer will also charge you with refusal. Uh, being charged with refusal has serious consequences. For a first offense, you're facing 7 to 12 month loss of license plus monetary fines, and you must also install an interlock ignition device in your vehicle. And essentially what that is, is that you cannot stop— start your car until you give a breath sample.

For a second violation of a refusal statute, you're facing a 2-year loss of license heavier fines, and again, the interlock ignition device. And for a third offense, you're facing 10 years loss of license plus the interlock device, plus heavier fines. Now, what do I say when I mean a first, second, or a third offense? Well, if you've been previously convicted of a DWI and you subsequently get a refusal, that refusal would actually count as a second. So it is important that if you are charged with this type of an offense, that you contact an attorney who is both experienced in DWI and the refusal law to help with any defenses that you may have.