New Jersey · DWI · Checked October 2026

Refusing a Breath or Blood Test in New Jersey

Refusing a Breath or Blood Test in New Jersey: What Are the Rules?

What happens if you refuse a breath or blood test in New Jersey.

Refusal penalty
A refusal conviction carries license forfeiture and an interlock: first, forfeited until an interlock is installed, with the interlock kept 9 to 15 months, and a $300 to $500 fine; second, 1 to 2 years after installation and $500 to $1,000; third or later, 8 years after installation and $1,000. MVC says officers may take you to a hospital for a blood draw

Refusal Penalties in New Jersey

a refusal conviction carries license forfeiture and an interlock: first, forfeited until an interlock is installed, with the interlock kept 9 to 15 months, and a $300 to $500 fine; second, 1 to 2 years after installation and $500 to $1,000; third or later, 8 years after installation and $1,000. MVC says officers may take you to a hospital for a blood drawN.J.S.A. 39:4-50.4a(a); N.J.S.A. 39:4-50.17 (as amended by P.L.2019, c.248)

Official source: refusal penalties (New Jersey)

More on DWI Law in New Jersey

See the full overview of DWI laws in New Jersey and read about implied consent laws in every state.

This page summarizes New Jersey law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in New Jersey can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in New Jersey?

a refusal conviction carries license forfeiture and an interlock: first, forfeited until an interlock is installed, with the interlock kept 9 to 15 months, and a $300 to $500 fine; second, 1 to 2 years after installation and $500 to $1,000; third or later, 8 years after installation and $1,000. MVC says officers may take you to a hospital for a blood draw

Sources

  1. Implied consent: N.J.S.A. 39:4-50.4a(a); N.J.S.A. 39:4-50.17 (as amended by P.L.2019, c.248)

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