Refusal of Breath Test – Penalties for Offenses

First Offense: Refusal to submit to chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))
Fine $300.00 to $500.00
DDEF Surcharge $100.00 
Court Costs Up to $33.00 
IDRC: 12 to 48 Hours
Loss of D.L.:  Not less than 7 months or more than 1 year (May be concurrent or consecutive to any revocation imposed under N.J.S.A. 39:4-50)
Interlock for principal Vehicle: 6 months to 1 year mandatory-required during license suspension and this additional period
 
Second Offense: Refusal to submit to chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))
Fine: $500.00 to $1000.00
DDEF Surcharge $100.00
Court Costs Up to $33.00
IDRC: In accordance with individual treatment classification (usually 48 Hours)
Loss of D.L.: 2 years (Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)
Interlock for principal vehicle: 1-3 years mandatory-required during license suspension and this additional period
 
Third or Subsequent Offense: Refusal to submit to chemical test (Penalty provision at N.J.S.A. 39:4-50.4a(a))
Fine: $1,000.00
DDEF Surcharge $100.00
Court Costs Up to $33.00
IDRC: In accordance with individual treatment classification
Loss of D.L.:  10 Years  (Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)
Interlock for principal vehicle:  1-3 years mandatory-required during license suspension and this additional period
_ Note: Burden of proof standard is beyond a reasonable doubt. State v. Cummings, 184 N.J. 84 (2005)As of January 10, 2011_N.J.S.A. 39:4-50.4a(a)