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, lawyer

Hoboken cops charged an electric scooter operator, and he is now facing, among other offenses, penalties for refusal to submit to breath test. One cop claimed he saw the gentleman appear unsteady and staggering while unlocking the scooter. After failing to stop the gentleman from boarding the scooter, however, the cop followed him in a cruiser.

The scooter 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 interactive grid provides the sentencing ranges available to a New Jersey Court when imposing penalties for Refusal to Submit to Breath Test. It does not, however, include collateral consequences of a Refusal conviction. Moreover, all this is for informational purposes only. It is not presented for the purpose of providing legal advice and does not constitute an offer to represent you. Results may vary depending on your particular facts and legal circumstances. If you need legal assistance please contact and hire a lawyer. Before making your choice of attorney, you should give this matter careful tho Up to 1 Year ught. The selection of an attorney is an important decision.

Penalties 1st Offense 2nd Offense 3rd Offense
Fines and Costs1 $440 to $640 $640 to $1,140 $1,140
License Forfeiture2 Until Temporary License
Restoration following Interlock Device Installation
1 – 2 years following
Interlock Device Installation
8 years following
Interlock Device Installation
Interlock Device Installation3 9 – 15 months in addition to installation during period of license suspension 2 – 4 years in addition to installation during period of license suspension 2 – 4 years in addition to installation during period of license suspension
Intoxicated Driver
Resource Center (IDRC)4
12-hour Program
$75 per diem fee
48-hour Program
$100 per diem fee
12-Hour Program
$100 per diem fee
Aftercare5 Up to 1 Year Up to 1 Year 1 Year

1 N.J.S.A. 39:4-50.4a (base fine); N.J.S.A. 39:5-41 (Body Armor Replacement Fund, Law Enforcement Officer Crisis Intervention Services Fund, New Jersey Spinal Cord Research Fund, Autism Medical Research and Treatment Fund, New Jersey Forensic DNA Laboratory Fund, Automated Traffic System Fund, New Jersey Brain Injury Research Fund); N.J.S.A. 22A:3-4 (court costs); N.J.S.A. 39:4-50.8 (Drunk Driving Enforcement Fund).

2 N.J.S.A. 39:4-50.4a

3 N.J.S.A. 39:4-50.17

4 N.J.A.C. 10:162-3.2; N.J.A.C. 10:16-3.4

5 N.J.A.C. 10:162-3.7