Last reviewed . Law current as of October 2026.
Refusing to give breath samples after a lawful DWI arrest is a separate violation in New Jersey under N.J.S.A. 39:4-50.4a. A first refusal brings a $300 to $500 fine, license forfeiture until an interlock is installed, and an interlock for 9 to 15 months. The judge decides it by a preponderance of the evidence.
Key takeaways
- Refusal is a separate motor vehicle violation under N.J.S.A. 39:4-50.4a.
- A first refusal brings a $300–$500 fine, forfeiture until an interlock is installed, and an interlock for 9–15 months.
- You can be found not guilty of DWI and still be convicted of refusal, or the reverse.
What does the State have to prove in a refusal case?
- The officer had probable cause to believe you drove (or were in control of a vehicle) while under the influence;
- You were arrested for DWI;
- You were asked to submit to breath testing and refused.
New Jersey's implied consent law (N.J.S.A. 39:4-50.2) requires officers to inform you of the consequences of refusing. Whether that was done properly, including in a language you understand, is often central.
What's the penalty for refusing a breathalyzer in NJ?
| Offense | Fine | License | Interlock |
|---|---|---|---|
| 1st | $300–$500 | Until an interlock is installed | 9–15 months |
| 2nd | $500–$1,000 | 1–2 years after installation | During forfeiture, then 2–4 years |
| 3rd or later | $1,000 | 8 years after installation | During forfeiture, then 2–4 years |
A refusal conviction also requires IDRC participation and carries surcharges. For a first offense, the refusal forfeiture may run concurrently with a DWI forfeiture from the same incident; for second and later offenses it runs consecutively.
Is refusal a separate charge from DWI?
| DWI | Refusal | |
|---|---|---|
| Statute | 39:4-50 | 39:4-50.4a |
| Standard | Beyond a reasonable doubt | Preponderance of the evidence |
| Key evidence | Observations, field tests, breath or blood results | Probable cause, arrest, warning, and refusal |
How is a refusal charge defended?
- No probable cause for the DWI arrest
- The required warning was not read, or not in a language you understood
- You did not actually refuse (for example, you tried but could not give an adequate sample for medical reasons)
- Problems with the officer's records or video
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Alcotest 9510
The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
- Driving while suspended (39:3-40 / 2C:40-26)
Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.
Frequently asked questions
Is refusing a breathalyzer a crime in New Jersey?
No. Refusal is a motor vehicle violation under N.J.S.A. 39:4-50.4a, decided by a municipal judge. It still carries fines, license forfeiture, and an interlock.
Can I be convicted of refusal and DWI?
Yes. They are separate violations and both can be charged from the same stop.
How long is the interlock for a first refusal?
9 to 15 months under N.J.S.A. 39:4-50.17.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.