By driving in New Jersey you've already agreed to a breath test if you're arrested for drunk driving. Refusing brings its own penalties. Most DUI and refusal convictions also mean an ignition interlock and time at an Intoxicated Driver Resource Center.
Implied consent
By using New Jersey roads you have agreed to a breath test by police or hospital staff after an arrest for an intoxicated driving offense.
Handbook p. 129 ↗Know the rule
If you refuse a breath test, you'll be detained and brought to a hospital, where staff may draw blood.
Handbook p. 129 ↗Violation surcharge for refusing a breath test
Handbook p. 129 ↗Know the rule
A refusal conviction connected with a first offense means losing driving privileges until an ignition interlock is installed. A judge decides whether refusal suspensions run concurrently or consecutively.
Handbook p. 129 ↗Ignition interlock device
A built-in breathalyzer attached to the vehicle you own, lease or mainly drive. It stops the vehicle from starting if your BAC exceeds 0.05%.
Handbook p. 129 ↗How long the interlock stays
| Conviction | Interlock period |
|---|---|
| 1st DUI, BAC 0.08% to under 0.10% | 3 months from restoration |
| 1st DUI, BAC 0.10% to under 0.15% | 7 months to 1 year from restoration |
| 1st DUI, BAC 0.15% or higher | During suspension + 12-15 months after |
| 1st refusal | During suspension + 9-15 months after |
| 2nd or later DUI or refusal | During suspension + 2-4 years after |
Know the rule
A first conviction for driving a commercial vehicle with a BAC of 0.04% to under 0.08% (or on a controlled substance) doesn't suspend the basic license, but requires an interlock in the driver's non-commercial vehicle while the CDL is suspended.
Handbook p. 130 ↗Know the rule
Installing an interlock voluntarily before conviction may reduce fines and suspension time. For offenses on or after February 19, 2024, an arrested driver may install one and get a license noting interlock-only driving.
Handbook p. 130 ↗Intoxicated Driver Resource Center (IDRC)
Where anyone charged with an alcohol-related traffic offense must be detained. Each of NJ's 21 counties has one for first and third offenders; second offenders go to one of three regional IDRCs.
Handbook p. 130 ↗Know the rule
At the IDRC, offenders attend an alcohol and highway safety program and are evaluated. Those needing treatment are referred for at least a 16-week program. Completing it is a condition for getting relicensed.
Handbook p. 130 ↗Know the rule
Failing to comply with the IDRC program means further loss of driving privileges and possible imprisonment.
Handbook p. 130 ↗Put it into practice
After a first-offense refusal conviction, a driver can't get her license back until an interlock is installed in the car she drives, and it stays for 9 to 15 months after her privileges are restored, plus the $1,000-a-year surcharge for three years.