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 $75/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 $75/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 $75/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
