Refusal to Submit to chemical Breath Testing
N.J.S.A. 39:4-50.4.a

N.J.S.A. 39:4-50.a(2)(a) Refusal to Submit to chemical Breath Test (as amended L.2004, c.8, effective 4-26-2004):

• Every motorist who operates a motor vehicle in New Jersey deems consent to submit to a chemical breath test to determine blood alcohol content. N.J.S.A. 39:4-50.2 (Implied Consent Statute).
• Conviction is based upon "preponderance," standard of evidence
• Conviction or administrative determination of violation of law of substantially similar nature, another jurisdiction is prior conviction.

DWI Refusal, N.J.S.A. 39:4-50.4a.a
DWI Refusal 39:4-50.4a.a	1st Offense	2nd Offense	3rd or Subsequent Offense
Fine 39:4-50.4a(2)(a)	No less than $300, no more than $500	No less than $300, no more than $500	$1,000 fine
DL Revoke/Suspend 39:4-50.4a(2)(a)	Suspension not less than 7 months, not more than 1 year. Revocation/suspension to be concurrent or consecutive to suspension for 39:4-50 arising from same incident	2 years driver's license suspension to be consecutive to any revocation for 39:4-50	10 years driver's license suspension to be consecutive to any revocation for 39:4-50
Other $ Penalties	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41
IDRC	Referral to IDRC	Referral to IDRC	Referral to IDRC

Refusal to Submit to chemical Breath Testing
When Operating in a School Zone.
N.J.S.A. 39:4-50.4

N.J.S.A. 39:4-50a(2)(b) Refusal to Submit to Chemical Breath Test Driving When Operating in a School Zone.

• Same elements as N.J.S.A. 39:4-50.4(a) PLUS:
• The violation occurs while:
  • On any school property used for school purposed which is owned by or leased to any elementary or secondary scholl or school board, or within 1,000 feet of such school property;
  • Driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
  • Driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

DWI Refusal in a School Zone, N.J.S.A. 39:4-50.4a.b
DWI Refusal in a School Zone 39:4-50.4a.b	1st Offense	2nd Offense	3rd or Subsequent Offense
Fine - School Zone 39:4-50.4a(2)(b)	No less than $600, no more than $1,000	No less than $1,000, no more than $2,000	$2,000 fine
DL Revoke/Suspend - School Zone 39:4-50.4a(2)(b)	Suspension not less than 1 year, not more than 2 year. To run consecutively or concurrent with any suspension for DWI, at the discretion of the court.	4 years suspension DL	20 year suspension DL
Other $ Penalties	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41	DDEF $100 Other mandatory fines under N.J.S.A. 39:5-41
IDRC	Referral to IDRC	Referral to IDRC	Referral to IDRC

 

DWI Penalties for offenses as of January 20, 2004
N.J.S.A. 39:4-50(a)

First Offense:
(Operating or allowing operation)
.0.08% or 0.09% (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine: $250 to $400
IDRC: 12 to 48 hours
Jail: Up to 30 days
Loss of D.L.: 3 months

Interlock: Optional - 6 months to 1 year

(Operating or allowing operation)
0.10% or higher (per se) or under the influence of drugs (observation)
Fine: $300 to $500
IDRC: 12 to 48 hours
Jail: Up to 30 days

Loss of D.L.: 7 months to 1 year Interlock Optional- 6 months to 1 year

Second Offense:

(Operating or allowing operation)
0.08% or higher (per se) or under the influence of drugs (observation).

Fine: $500 to $1,000
IDRC: 48 hours
Jail: 2 days to 90 days
Loss of D.L.: 2 years
Community Service: 30 days'
Interlock: 1-3 years or
Registration Suspension: 2 years

Third Offense:
(Operating or allowing operation)
.0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)

Fine: $1,000
Jail: 180 days (Up to 90 days can be served through inpatient program approved by IDRC.)
Note: Jail cannot be served through IDRC, Community Service or Work Release (SLAP).
Interlock:-3 years or Registration suspension: 10 years
DL suspension: 10 years IDRC-12 hours

Fines, License suspension and Community Service and Jail (not to exceed 6 months) doubled for school zone violations