Penalties for Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.4a

Penalties for Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.4a, New Jersey, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, standardized field sobriety tests, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerEarlier this year, Hoboken cops charged an electric scooter operator with refusal to submit to breath test, and other offenses. One cop claims he saw the gentleman appear unsteady and staggering while unlocking the scooter. After failing to stop the gentleman from boarding the scooter, the cop followed him in a cruiser. The scooters travel up to 18 miles per hour, per the news. The cop saw the operator allegedly appear as if he was going to lose control of the scooter.

Later, the gentleman allegedly failed a field sobriety test. Furthermore, he refused to provide breath samples at the station. Consequently, the cops charged him with DWI, refusal to submit to breath test, and reckless driving.

Penalties for Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.4a

This grid summarizes the ranges of penalties for refusal to submit to breath test in New Jersey. These penalties for refusal to submit to breath test apply to anyone charged with this offense on or after December 1, 2019.

But this grid is only a summary. For example, it does not include collateral consequences of a Refusal conviction. Additionally, the legal equation to calculate prior offenses exceeds the scope of this post. Furthermore, a conviction might involve consecutive license suspensions.

Therefore, if the cops charged you with Refusal to Submit to Breath Test, Drunk Driving, or any other traffic offense, then call me. The information on this web site is only for informational purposes.

1st Offense
2nd Offense
3rd+ Offense
License Forfeiture
Until Ignition Interlock Installation
12–24 months
96 months
Ignition Interlock Device
3–15 months
36–72 months
120–144 months
Fines
$300–$500
$500–$1,000
$1,000
12–48 hours
At least 48 hours
12 hours


Did the cops charge you with Refusal?

New Jersey DWI Attorney Michael A. Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide confidential consultations in all cases involving Refusal, Drunk Driving, and any other offense under the New Jersey Motor Vehicle Code.