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New Jersey driving lesson · Driver Privileges and Penalties

Breath tests, ignition interlocks, and the IDRC

A 4-minute lesson from the New Jersey course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Driver Privileges and Penalties
Checkpoint questions
5
Source pages
129, 130

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 ↗
$1,000 a year for 3 years

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

How long the interlock stays
ConvictionInterlock 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 higherDuring suspension + 12-15 months after
1st refusalDuring suspension + 9-15 months after
2nd or later DUI or refusalDuring suspension + 2-4 years after
Handbook p. 129 ↗

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.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What happens under New Jersey's implied consent law if a motorist refuses to take a breath test?
  1. There is no penalty since refusal is a right
  2. It is legal, but adds 2 points to your record
  3. It's illegal; you can lose your license and be fined
  4. A first refusal brings only a written warning

Answer: It's illegal; you can lose your license and be fined

Under implied consent, refusing a breath test is illegal and carries penalties including loss of driving privileges and fines.

Handbook p. 117 ↗
An ignition interlock device prevents a vehicle from starting only when the driver's BAC is 0.08% or higher.
  1. True
  2. False

Answer: False

An ignition interlock prevents the vehicle from starting if the driver's BAC exceeds 0.05%, well below 0.08%.

Handbook p. 129 ↗
Refusing to submit to a breath test in New Jersey is subject to a violation surcharge.
  1. True
  2. False

Answer: True

Motorists who refuse a breath test are subject to a violation surcharge of $1,000 per year for three years.

Handbook p. 129 ↗
New Jersey has an implied consent law, meaning motorists agree to submit to a breath test simply by using New Jersey roadways.
  1. True
  2. False

Answer: True

By driving on New Jersey roadways, motorists have agreed to implied consent for breath testing after an arrest for an intoxicated driving offense.

Handbook p. 129 ↗
An IDRC evaluation finds that an offender needs treatment. At minimum, how long is the treatment program they are referred to?
  1. 12 to 48 hours
  2. 30 days
  3. 6 months
  4. 16 weeks

Answer: 16 weeks

Offenders deemed in need of treatment are referred to a provider for at least a 16-week program; 12 to 48 hours is the IDRC detention.

Handbook p. 130 ↗
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