Blog

Am I Required To Take A Breathalyzer Test?

test-337369_960_720In New Jersey, as part of your right to drive on the roads, you are required when asked by a police officer to submit to a chemical breath test, currently known as an alco-test. If you fail to do so, you are risking suspension, fines and other penalties in the municipal court, above and in addition to those given to you for a driving while intoxicated charge.
The implied consent that you give when you first get your license in the State of New Jersey requires that you do take a breathalyzer test when a police officer asks you to do so if you are pulled over under suspicion of driving while intoxicated. When you refuse to take a breathalyzer test in New Jersey, you may be brought to a hospital by the police in order to have a blood test taken. Under your first offense for refusing to take a chemical test, you may lose your license from between 7 months to one year. If that first offense occurs within a school zone, you will lose your license from 1-2 years. You must also commit 12 hours to an Intoxicated Driver Resource Center program through the state.
In addition to license loss and the necessary classes, you will have a number of fines to pay as a result of your breathalyzer test refusal. Generally, there will be a fine that you must pay that will be between $300 and $500 but if you refuse the breathalyzer test in a school zone, that fine gets raised to between $600 and $1,000 fine. In order to take the IDRC class, the fee costs $230 each day that you take the class. There is also a $100 the Alcohol Education and Rehabilitation Fund.
The penalties for refusing a breathalyzer test only increase in severity after your first offense. For example, on your third or more offense for refusing to take a chemical test, you can lose your license for up to 20 years, depending on whether or not the offense occurred in a school zone.
If you are in need of experienced legal counsel in New Jersey, please contact The Law Office of Andrew S. Maze for any criminal and personal injury matters.

Read Our Latest Blog Posts

  How Does BAC Affect the Penalties of a First-Offense DWI in New Jersey?

If you have recently been charged with a first-offense DWI in New Jersey, it is of the utmost importance that you read on and reach out to our firm to learn how we can help. There are multiple penalties you may face, and they increase in severity in accordance with…

Read More
  Recovering Compensation After a Snow or Ice Accident in New Jersey

Snow or ice accidents, though oftentimes unpredictable and unpreventable, also frequently happen at the hands of negligent property owners. When they fail to shovel, salt, and remove all storm-related debris, accidents can occur. Additionally, when people leave icicles hanging to fall on an unsuspecting individual, or fail to ensure their…

Read More
  Bicycle Accidents in New Jersey

Cycling is a favorite among New Jerseyans, however, despite all its benefits, it does have some drawbacks. Cycling is not particularly safe, especially in urban areas where there is such a high volume of traffic. If you are someone who has been injured in a bicycle accident, here are some…

Read More