Breath Test Refusal, Second Offense

Court Imposed Penalties

39:4-50.4a Fine $250- 500
22A:3-4 Court costs $3- 30
39:4-50.8 Drunk Driving Enforcement Fund surcharge $100
39:4-50.4a Intoxicated Driver Resource Center 12-48 hours
39:4-50.4a Revocation of driving privileges<2> 2 years
39:3-10.20 Forfeiture of commercial driving privilege for life

Bureau of Alcohol Countermeasures

39:4-50(b) Alcohol Education, Rehabilitation, and Enforcement Fund $100
39:4-50(f) Intoxicated Driver Resource Center fees $50- 200
Costs of further education and/or treatment $ ?

Division of Motor Vehicles

39:3-10a Driver License Restoration Fee $50
17:29A-35.b(2) Merit Rating Plan Surcharge<3> $3,000-4,500
17:29A-35.b(3) Merit Rating Plan point assessment $525- 675

Other Consequences

17:29C-7 Cancellation of automobile insurance "of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy"
Insurance premium increases
Sentence enhancement on subsequent convictions of N.J.S. 39:4-50.2 and N.J.S. 39:3-40
39:6A-4.5(b) No cause of action permitted for recovery of economic or noneconomic loss sustained as a result of the accident

NOTES:

Most municipal courts treat a prior conviction of N.J.S. 39:4-50 as equivalent to a prior conviction of N.J.S. 39:4-50.2 for sentencing. See State v. Fielding, 290 N.J.Super. 191 (App.Div. 1996); State v. Tekel, 281 N.J.Super. 502 (App.Div. 1995). Cf. In re Bergwell, 85 N.J. 382 (1981). But see State v. DiSomma, 262 N.J.Super. 375 (App.Div. 1993).

Restoration of driving privileges is NOT automatic and is subject to Division of Motor Vehicles approval.

Merit Rating Plan Surcharge applies whether conviction is under N.J.S. 39:4-50, N.J.S. 39:4-50.4a, or both. Merit Rating Plan Surcharge is $4500 if three events including convictions under either N.J.S. 39:4-50 or N.J.S. 39:4-50.4a occur within three years of each other.